Balancing Fundamental Rights with the EU Treaty Freedoms: the European Court of Justice as 'tightrope' walker
The ongoing development of fundamental rights and principles within the European Union legal order has - for the time being - come to a climax through the adoption of the Treaty of Lisbon. Article 6 of the EU Treaty now recognizes the binding force of the Charter of Fundamental Rights, embraces the intention to accede to the European Convention on the Protection of Human Rights and Fundamental Freedoms, and codifies the European Court of Justice's case law that fundamental rights shall constitute general principles of the EU's law. In other words, Article 6 EU underlines the important status that fundamental rights have gained in EU law. Through the publication of their research in this book, the authors offers a further stimulus to the academic discourse on fundamental rights' protection in the EU.
Publication Date: 3/1/2012