The scope of the application of the Charter of Fundamental Rights of the European Union in Member States

Abstract

The Court of Justice EU is extending the field of application of the Charter of Fundamental Rights EU in Member States by a broad interpretation of the criterion "when they are implementing" Union law under Article 51(1). The Constitutional Court of the Czech Republic in its Lisbon I judgment invited the reception of the Charter as a binding part of Union primary law.

However, it reminded that such interpretation can not go beyond the limits of powers of the Union as conferred on it in the Treaties. The Czech doctrine of Union law and the empirical experience from case law of general courts still demonstrate a restrained approach.

The contribution analyses briefly some reasons of it.

Keywords

• fundamental rights
• constitutional law
• international law
• european law
• Charter of Fundamental Rights EU
• implementation of Union law
• Court of Justice EU
• Constitutional Court of the Czech Republic