Clarifying or Diluting the Application of the EU Charter of Fundamental Rights? – The Judgments in Akerberg and Melloni

Xavier Groussot 

Lund University

Ingrid Olsson 

Independent
September 3, 2013

Groussot, X. and Olsson, I., 'Clarifying or Diluting the Application of the EU Charter of Fundamental Rights? – The Judgments in Åkerberg and Melloni', LSEU, Vol. 2, pp. 7-35, 2013 
Abstract:      
This article assesses the impact of the Akerberg and Melloni judgments on the interpretation of the horizontal provisions of the EU Charter of Fundamental Rights. Specifically, it evaluates whether the European Court of Justice (ECJ) has chosen an expansive approach or a minimalist one; asking if the Court’s approach in these cases has clarified or diluted the application of the EU Charter of Fundamental Rights. The article is limited to looking, in light of the judgments in Akerberg and Melloni, firstly at Article 51 of the Charter; then at Article 52 and finally at Article 53. It will be shown that Article 51 of the Charter is the most important provision, whilst Article 52 the most complex and Article 53 the most underestimated. In the final sections it is highlighted that the judgments are illustrative that the ECJ strongly protects the level of protection of the Charter and the effectiveness and uniformity of EU law. However, it will also be shown that these two cases whilst clarifying the application of Article 51, and the meaning of implementing Union law, are the source of new questions rather than final answers.

Number of Pages in PDF File: 29

Keywords: Akerberg, Melloni, EU Charter of Fundamental Rights, European Court of Justice, level of protection of the Charter

Full text available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2319957