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.

The editors and the authors deserve praise for their effort in producing a highly relevant and enjoyable book on the Charter five years into its existence. It contains much food for thought and is therefore a wonderful inspiration for future research.

• Introduction: Five Years Old and Growing: The EU Charter of Fundamental Rights as a Binding Instrument Sybe de Vries, Ulf Bernitz and Stephen WeatherillPart I: The Constitutional Dimension of Fundamental Rights1. Five Years of Charter Case Law: Some Observations Allan Rosas2. The Relationship Between the EU and the ECHR Five Years on from the Treaty of Lisbon Sionaidh Douglas-Scott3. Who Decides on Fundamental Rights Issues in Europe? Towards a Mechanism to Coordinate the Roles of theNational Courts, the ECJ and the ECtHR Janneke Gerards4. Why National Constitutional Courts Should not Embrace EU Fundamental Rights Jan Komárek5. 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 RaucheggerPart II: The Scope of Fundamental Rights in EU Law6. The EU Charter of Fundamental Rights Five Years on: The Emergence of a New Constitutional Framework? Xavier Groussot and Gunnar Thor Petursson7. The Scope of the Charter and its Impact on the Application of the ECHR: The Å kerberg FranssonCase on Ne Bis in Idem in Perspective Ulf Bernitz8. The Silence of the Charter: Social Rights and the Court of Justice Catherine Barnard9. Much Ado About Nothing? How the EU Charter of Fundamental Rights Could Challenge PrevailingNotions of Territorial Rights and Solidarity as Regards National Social Security Systems Jaan PajuPart III: Safeguarding Fundamental Rights in Europe’s Internal Market10. Protecting the Internal Market from the Charter Stephen Weatherill11. The EU Single Market as ‘Normative Corridor’ for the Protection of Fundamental Rights: The Example ofData Protection Sybe de Vries12. The EU Charter of Fundamental Rights and the Rights to Data Privacy: The EU Court of Justiceas a Human Rights Court Federico Fabbrini13. Privacy and Data Protection: The Rights of Economic Actors Peter Oliver14. Dawn Raids in Competition Cases: Do the European Commission’s Dawn Raid Procedures Stand theTest of the Charter? Helene Andersson15. The Charter and the EU State Aid Procedure John Temple Lang