The EU Charter of Fundamental Rights as a Binding Instrument

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.

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 Komárek
5. The Interplay Between the Charter and National Constitutions after Å 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 Å 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