The Charter of Fundamental Rights of the EU as a Yardstick for National Legislation? Cover Image

Listina základních práv EU jako měřítko pro vnitrostátní legislativu?
The Charter of Fundamental Rights of the EU as a Yardstick for National Legislation?

Author(s): Jan Grinc
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: Charter of Fundamental Rights of the EU; legislation; fundamental rights

Summary/Abstract: The article discusses the possibilities and modes of utilizing the Charter of Fundamental Rights of the EU as a human rights yardstick against which national legislation may be measured, especially in the Czech Republic. It considers the formal and material features of the Charter and comes to a conclusion that because of the close link between the Charter and the rest of EU law, the assessment whether national legislation complies with the Charter is best made as a part of the assessment of the legislation’s compatibility with EU law in general. Used separately as a source of human rights, the Charter has little new to offer in comparison with the national and international sources.

  • Issue Year: 64/2018
  • Issue No: 4
  • Page Range: 11-18
  • Page Count: 8
  • Language: Czech