The EU Charter of Fundamental Rights From Declaration to Binding Ins
The first part of this book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The book presents an analysis of the Charter from a legal, political and practical standpoint. It further examines
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IUS GENTIUM COMPARATIVE PERSPECTIVES ON LAW AND JUSTICE VOLUME 8
Series Editor Mortimer Sellers (University of Baltimore) James Maxeiner (University of Baltimore)
Board of Editors Myroslava Antonovych (Kyiv-Mohyla Academy) Nadia de Araujo (Pontifical Catholic University of Rio de Janeiro) ´ Jasna Bakšic-Mufti c´ (University of Sarajevo) David L. Carey Miller (University of Aberdeen) Loussia P. Musse Felix (University of Brasília) Emanuel Gross (University of Haifa) James E. Hickey Jr. (Hofstra University) Jan Klabbers (University of Helsinki) Claudia Lima Marques (Federal University of Rio Grande do Sul) Aniceto Masferrer (University of Valencia) Eric Millard (Paris-Sud University) Gabriël Moens (Murdoch University, Australia) Raul C. Pangalangan (The University of the Philippines) Ricardo Leite Pinto (Lusíada University of Lisbon) Mizanur Rahman (University of Dhaka) Keita Sato (Chuo University) Poonam Saxena (University of New Delhi) Gerry Simpson (London School of Economics) Eduard Somers (University of Ghent) Xinqiang Sun (Shandong University) Tadeusz Tomaszewski (University of Warsaw) Jaap W. de Zwaan (Netherlands Inst. of Intrntl. Relations, Clingendael)
THE EU CHARTER OF FUNDAMENTAL RIGHTS FROM DECLARATION TO BINDING INSTRUMENT Edited by GIACOMO DI FEDERICO
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Editor Giacomo Di Federico Interdepartmental Research Centre on European Law (CIRDE) University of Bologna Viale Filopanti 9 40100 Bologna Italy [email protected]
ISBN 978-94-007-0155-7 e-ISBN 978-94-007-0156-4 DOI 10.1007/978-94-007-0156-4 Springer Dordrecht Heidelberg London New York Library of Congress Control Number: applied for PCN © Springer Science+Business Media B.V. 2011 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper Springer is part of Springer Science+Business Media (www.springer.com)
Preface
The fact that fundamental rights are an essential component of the European Union is today a consolidated state of affairs. In this sense, the EU seems to have undergone a true genetic transformation, evolving from a sui generis international organisation, mainly focused on market integration, to an autonomous legal order protecting and promoting the rule of law within and outside its boundaries. It is well known that the failure of the ambitious constitutional project did not stop the reform process undertaken with the 2001 Declaration on the Future of Europe. The reflection period which followed the French and Dutch referenda on the Treaty Establishing a Constitution for Europe ended with the Berlin Summit in March 2007. The resulting Intergovernmental Conference promptly returned a Treaty purged of all constitutional elements, but deeply rooted
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