Az Alapjogi Charta és az uniós jog határai

Blutman, László: Az Alapjogi Charta és az uniós jog határai. Acta Universitatis Szegediensis : acta juridica et politica, (79). pp. 103-109. (2016)

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Abstract

The scope of application of the EU Charter of Fundamental Rights is limited. Article 51(1) says that the provisions of the Charter are applicable to Member States’ measures only if „they are implementing Union law”. This rule can be traced back to the ECJ’s Wachauf judgment. In this context, the meaning of „implementation” has not been clarified except one respect. In ERT the Court declared that EU general principles (protecting fundamental rights) control those MS measures that derogate from EU law. This short article examines some problems of how to distinguish MS measures which are controlled by the Charter from those which are not. Under the ECJ’s post-Lisbon case law the author has discerned six different patterns which include specific types of relations between EU law and MS measures and added some of the ECJ cases that show the relevant pattern.

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