Studies of the Oxford Institute of European & Comparative Law
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Stephen Weatherill, Sybe de Vries, Ulf Bernitz
Table Of Contents
Introduction: Five Years Old and Growing: The EU Charter of Fundamental Rights as a Binding Instrument Sybe de Vries, Ulf Bernitz and Stephen Weatherill Part I: The Constitutional Dimension of Fundamental Rights 1. Five Years of Charter Case Law: Some Observations Allan Rosas 2. The Relationship Between the EU and the ECHR Five Years on from the Treaty of Lisbon Sionaidh Douglas-Scott 3. Who Decides on Fundamental Rights Issues in Europe? Towards a Mechanism to Coordinate the Roles of the National Courts, the ECJ and the ECtHR Janneke Gerards 4. Why National Constitutional Courts Should not Embrace EU Fundamental Rights Jan Komarek 5. The Interplay Between the Charter and National Constitutions after A kerberg Fransson and Melloni : Has the CJEU Embraced the Challenges of Multilevel Fundamental Rights Protection? Clara Rauchegger Part II: The Scope of Fundamental Rights in EU Law 6. The EU Charter of Fundamental Rights Five Years on: The Emergence of a New Constitutional Framework? Xavier Groussot and Gunnar Thor Petursson 7. The Scope of the Charter and its Impact on the Application of the ECHR: The A kerberg Fransson Case on Ne Bis in Idem in Perspective Ulf Bernitz 8. The Silence of the Charter: Social Rights and the Court of Justice Catherine Barnard 9. Much Ado About Nothing? How the EU Charter of Fundamental Rights Could Challenge Prevailing Notions of Territorial Rights and Solidarity as Regards National Social Security Systems Jaan Paju Part III: Safeguarding Fundamental Rights in Europe's Internal Market 10. Protecting the Internal Market from the Charter Stephen Weatherill 11. The EU Single Market as 'Normative Corridor' for the Protection of Fundamental Rights: The Example of Data Protection Sybe de Vries 12. The EU Charter of Fundamental Rights and the Rights to Data Privacy: The EU Court of Justice as a Human Rights Court Federico Fabbrini 13. Privacy and Data Protection: The Rights of Economic Actors Peter Oliver 14. Dawn Raids in Competition Cases: Do the European Commission's Dawn Raid Procedures Stand the Test of the Charter? Helene Andersson 15. The Charter and the EU State Aid Procedure John Temple Lang
Sybe de Vries is Professor of EU Single Market Law and Fundamental Rights and the Jean Monnet Chair at the Europa Institute of Utrecht University. Ulf Bernitz is Professor of European Law at Stockholm University, director of the Stockhom Institute of European Law and director of the Oxford/Stockholm Venture in European Law. Stephen Weatherill is Professor of European Law at the University of Oxford, a Fellow of Somerville College and Deputy Director for European Law in the Oxford Law Faculty's Institute of European and Comparative Law.