Mapping the Scope of Application of EU Fundamental Rights: A Typology

• Autores: Benedikt Pirker
• Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 3, Nº. 1, 2018, págs. 133-156
• Idioma: inglés
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• Resumen

  • A number of scholars have attempted to delineate the scope of application of EU fundamental rights with regard to the Member States. The present Articleaims to establish a particularly comprehensive typology of situations in which Member States are bound by EU fundamental rights. It is based on an extensive assessment of the CJEU’s case law. Developing its own interpretation of the Court’s criteria, theArticleestablishes a number of “clusters” of cases. At the same time, it shows the principles for the application of EU fundamental rights which can be observed in action. Some loose ends remain, however, that the Court is called to address.