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The Charter of Fundamental Rights of the EU in the case law of the Belgian Constitutional Court

Publication at Faculty of Law |
2018

Abstract

The article aims to critically examine the approach of the Belgian Constitutional Court to the Charter of Fundamental Rights of the EU ("the Charter"), with a focus on those aspects that can bring fresh comparative insights in the Czech context. After a short introduction of the Belgian constitutional background, the article focuses on two themes.

First, it examines the role of the Charter in the constitutional review in Belgium. Second, it assesses the Belgian Constitutional Court's interpretative approaches regarding the Charter, particularly its field of application and its relationship to the international and national standards of fundamental rights protection.

The analysis of the Belgian Constitutional Court's case law reveals striking similarities to that of the Czech Constitutional Court.