Rule of Law as shadow of EU law - an analysis regarding the interaction between the Charter, article 19(1) TEU and the principle of conferral
(2020) LAGM01 20201Department of Law
Faculty of Law
- Abstract
- The Charter of Fundamental Rights of the European Union has been a legally binding act for ten years. However, ever since entering into the force, it has not been quite clear when the Charter in fact is applicable. During the past years, the EU has been faced by the Rule of law crisis, as called in the academic debate. This thesis aims to clarify when the Charter is applicable and examine whether the Court of Justice has expanded the scope of EU law in order to promote the fundamental rights or promote the rule of law and if so, whether it can been seen to go against the limits set out in the Treaties.
In order to be able to clarify when the Charter is applicable the thesis establishes the current scope of the Charter of Fundamental... (More) - The Charter of Fundamental Rights of the European Union has been a legally binding act for ten years. However, ever since entering into the force, it has not been quite clear when the Charter in fact is applicable. During the past years, the EU has been faced by the Rule of law crisis, as called in the academic debate. This thesis aims to clarify when the Charter is applicable and examine whether the Court of Justice has expanded the scope of EU law in order to promote the fundamental rights or promote the rule of law and if so, whether it can been seen to go against the limits set out in the Treaties.
In order to be able to clarify when the Charter is applicable the thesis establishes the current scope of the Charter of Fundamental Right of European Union. The application of the Charter is very broad. Because of the principle of conferral, the Court of Justice has revisited the broad scope to be narrower. The establishment of the current scope of Charter is helpful in order to understand whether the Charter can be used as a legal basis to intervene to issues concerning the abuse of Rule of Law.
However, due to the Rule of Law crisis, the EU has had an interest in bringing the national judiciary systems before the Court of Justice under judicial review. In accordance with the principle of conferral, the national judiciary falls within the exclusive competence of the Member States. However, the Court of Justice took the national judicial systems under its judicial review. Firstly, it has been claimed that the European Union does not have the competence to intervene into Rule of Law issues. Secondly, it has been claimed that the intervention breaches the limits set out in the Charter.
Therefore, concerning the Rule of Law aspect the thesis will seek answer to the following research question; how does article 51(1) of the Charter, General principles, the founding value of Rule of Law as enshrined in article 2 TEU and the principle of conferral interact with each other? The thesis establishes the legislative framework and present the claims made by Member States. The paper will analyze the jurisprudence of the Court of Justice of the European Union. By having explored the established case law, the Court of Justice primary rely on the Charter in order to tackle Rule of Law concerns. The principle of conferral limits the use of the Charter for the purposes of intervening the judicial reforms threatening the founding value of Rule of Law in article 2 TEU. The Court of Justice uses article 19(1) TEU for the purposes of filling the gap in law. The concept of “implementing Union law” and the concept of “fields covered by Union law” do not have the same content. The Court of Justice has broadened the scope of EU law via article 19(1) TEU. The principle of conferral is not a hinder with regards to the applicability of article 19(1) TEU which is applicable whenever the court in a Member State can be identified as an EU court. (Less)
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http://lup.lub.lu.se/student-papers/record/9013763
- author
- Saarelainen, Leena LU
- supervisor
- organization
- alternative title
- Rule of Law as shadow of EU law - an analysis regarding the interaction between the Charter, article 19(1) TEU and the principle of conferral
- course
- LAGM01 20201
- year
- 2020
- type
- H3 - Professional qualifications (4 Years - )
- subject
- keywords
- EU law
- language
- English
- id
- 9013763
- date added to LUP
- 2020-06-18 14:44:36
- date last changed
- 2020-06-18 14:44:36
@misc{9013763,
abstract = {{The Charter of Fundamental Rights of the European Union has been a legally binding act for ten years. However, ever since entering into the force, it has not been quite clear when the Charter in fact is applicable. During the past years, the EU has been faced by the Rule of law crisis, as called in the academic debate. This thesis aims to clarify when the Charter is applicable and examine whether the Court of Justice has expanded the scope of EU law in order to promote the fundamental rights or promote the rule of law and if so, whether it can been seen to go against the limits set out in the Treaties.
In order to be able to clarify when the Charter is applicable the thesis establishes the current scope of the Charter of Fundamental Right of European Union. The application of the Charter is very broad. Because of the principle of conferral, the Court of Justice has revisited the broad scope to be narrower. The establishment of the current scope of Charter is helpful in order to understand whether the Charter can be used as a legal basis to intervene to issues concerning the abuse of Rule of Law.
However, due to the Rule of Law crisis, the EU has had an interest in bringing the national judiciary systems before the Court of Justice under judicial review. In accordance with the principle of conferral, the national judiciary falls within the exclusive competence of the Member States. However, the Court of Justice took the national judicial systems under its judicial review. Firstly, it has been claimed that the European Union does not have the competence to intervene into Rule of Law issues. Secondly, it has been claimed that the intervention breaches the limits set out in the Charter.
Therefore, concerning the Rule of Law aspect the thesis will seek answer to the following research question; how does article 51(1) of the Charter, General principles, the founding value of Rule of Law as enshrined in article 2 TEU and the principle of conferral interact with each other? The thesis establishes the legislative framework and present the claims made by Member States. The paper will analyze the jurisprudence of the Court of Justice of the European Union. By having explored the established case law, the Court of Justice primary rely on the Charter in order to tackle Rule of Law concerns. The principle of conferral limits the use of the Charter for the purposes of intervening the judicial reforms threatening the founding value of Rule of Law in article 2 TEU. The Court of Justice uses article 19(1) TEU for the purposes of filling the gap in law. The concept of “implementing Union law” and the concept of “fields covered by Union law” do not have the same content. The Court of Justice has broadened the scope of EU law via article 19(1) TEU. The principle of conferral is not a hinder with regards to the applicability of article 19(1) TEU which is applicable whenever the court in a Member State can be identified as an EU court.}},
author = {{Saarelainen, Leena}},
language = {{eng}},
note = {{Student Paper}},
title = {{Rule of Law as shadow of EU law - an analysis regarding the interaction between the Charter, article 19(1) TEU and the principle of conferral}},
year = {{2020}},
}