Book contents
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- 1 The Scope of EU Fundamental Rights in the Area of Freedom, Security and Justice
- 2 A European Standard of Human Rights Protection?
- 3 The Protection of Fundamental Rights within the AFSJ: Through or Against Mutual Trust and Mutual Recognition?
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
1 - The Scope of EU Fundamental Rights in the Area of Freedom, Security and Justice
from Part I - The General Framework for Fundamental Rights Protection in the AFSJ
Published online by Cambridge University Press: 06 August 2021
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- 1 The Scope of EU Fundamental Rights in the Area of Freedom, Security and Justice
- 2 A European Standard of Human Rights Protection?
- 3 The Protection of Fundamental Rights within the AFSJ: Through or Against Mutual Trust and Mutual Recognition?
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
Summary
This chapter seeks to identify the particularities of the AFSJ relevant to delineating the scope of the Charter. It outlines the regime governing the application of the Charter pursuant to Article 51(1) and describes how this regime plays out in the AFSJ. It also clarifies the role of other criteria traditionally used to determine scope, such as territorial, personal and temporal considerations. The chapter focuses on some of the particularities affecting the determination of the scope of the Charter in the AFSJ. It is suggested that, more than merely an interesting field to test the general limits of EU fundamental rights, the AFSJ represents a specific area of law that has moved the Charter into a more central position in EU case law, thereby consolidating the role and identity of the CJEU as a fundamental rights court.
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- Publisher: Cambridge University PressPrint publication year: 2021
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