The proclamation of the European Union Charter of Fundamental Human Rights in December 2000 was in a sense the starting point for the constitutional debate that has since surrounded the European integration process. The Charter’s later incorporation into the frustrated Constitutional Treaty and its solemn resuscitation on the eve of the adoption of the Lisbon Treaty, in December 2007, have strengthened this instrument’s legal force, earning it a firm place in the EU’s primary legislation.
This publication sets out to explain the scope and meaning of the EU Rights Charter by means of a detailed analysis of each one of its provisions, including the preamble – the kind of point-by-point commentary that is rare in Spain but widely popular in other jurisdictions. Each individual right is placed under the microscope as regards both its fit within the EU’s legal corpus and its interpretation and enforcement in Community courts (ECJ and ICC) and the European Court of Human Rights. This is supplemented by an extensive introductory study on how EU institutions have traditionally upheld their commitment to protect fundamental rights, and a documentary annex reproducing the Explanations adopted by the 2007 Intergovernmental Conference concurrently with the Charter itself.
The generality of legal practitioners, and not just those belonging to the academic community, will find in this book an invaluable guide to this particular catalogue of fundamental rights.
Access to the chapters in PDF format:
- Introduction: Araceli Mangas Martín
- Preamble: José Manuel Sobrino Heredia
- Title I – Dignity: José Manuel Sobrino Heredia
- Title II – Freedoms: José Martín y Pérez de Nanclares
- Title III – Equality: Araceli Mangas Martín
- Title IV – Solidarity: Manuel López Escudero
- Title V – Citizenship: Araceli Mangas Martín y Luis N. González Alonso
- Title VI – Justice: Manuel López Escudero
- Title VII – General disposition: Araceli Mangas Martín, José Martín y Pérez Nanclares y Manuel López Escudero
- Alphabetical Index
- Author’s notes