The EU Charter of Fundamental Rights: A Commentary

Foreword
Editor’s Preface Second Edition
Contents
List of Contributors
Part I – Commentary on the Articles of the EU Charter of Fundamental Rights
	Article 1 – Human Dignity
		Text of Explanatory Note on Article 1
		Select Bibliography
		A. Field of Application of Article 1
		B. Interrelationship of Article 1 with Other Provisions of the Charter
		C. Sources of Article 1
		D. Analysis
		E. Evaluation
	Article 2 – Right to Life
		Text of Explanatory Note on Article 2
		Select Bibliography
		A. Field of Application of Article 2
		B. Interrelationship of Article 2 with Other Provisions of the Charter
		C. Sources of Article 2 Rights
		D. Analysis
		E. Evaluation
	Article 3 – Right to the Integrity of the Person
		Text of Explanatory Note on Article 3
		Select Bibliography
		A. Field of Application of Article 3
		B. Interrelationship of Article 3 with Other Provisions of the Charter
		C. Sources of Article 3 Rights
		D. Analysis
		E. Evaluation
	Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment
		Text of Explanatory Note on Article 4
		Select Bibliography
		A. Field of Application of Article 4
		B. Interrelationship of Article 4 with Other Provisions of the Charter
		C. Sources of Article 4 Rights
		D. Analysis
		E. Evaluation
	Article 5 – Prohibition of Slavery and Forced Labour
		Text of Explanatory Note on Article 5
		Select Bibliography
		A. Field of Application of Article 5
		B. Interrelationship of Article 5 with Other Provisions of the Charter
		C. Sources of Rights under Article 5
		D. Analysis
	Article 6 – Right to Liberty and Security
		Text of Explanatory Note on Article 6
		Select Bibliography
		A. Field of Application of Article 6
		B. Interrelationship of Article 6 with Other Provisions of the Charter
		C. Sources of Article 6 Rights
		D. Analysis
		E. Evaluation
	Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life
		Text of Explanatory Note on Article 7
		Select Bibliography
		A. Field of Application of Article 7 (Private Life, Home and Communications)
		B. Interrelationship of Article 7 with Other Provisions of the Charter
		C. Sources of Article 7 Rights
		D. Analysis
		E. Evaluation
	Article 7 (Family Life Aspects) – Right to Respect for Private and Family Life
		Text of Explanatory Note on Article 7
		Select Bibliography
		A. Field of Application of Article 7
		B. Interrelationship of Article 7 with Other Provisions of the Charter
		C. Sources of Article 7 Rights
		D. Analysis
		E. Evaluation
	Article 8 – Protection of Personal Data
		Text of Explanatory Note on Article 8
		Select Bibliography
		A. Field of Application of Article 8
		B. Interrelationship of Article 8 with Other Provisions of the Charter
		C. Sources of Article 8
		D. Analysis
		E. Evaluation
	Article 9 – Right to Marry and Right to Found a Family
		Text of Explanatory Note on Article 9
		Select Bibliography
		A. Field of Application of Article 9
		B. Interrelationship of Article 9 with Other Provisions of the Charter
		C. Sources of Article 24 Rights
		D. Analysis
		E. Evaluation
	Article 10 – Right to Freedom of Thought, Conscience and Religion
		Text of Explanatory Note on Article 10
		Select Bibliography
		A. Field of Application of Article 10
		B. Interrelationship of Article 10 with Other Provisions of the Charter
		C. Sources of Article 10 Rights
		D. Analysis
		E. Evaluation
		F. Conclusion
	Article 11 – Freedom of Expression and Information
		Text of Explanatory Note on Article 11
		Select Bibliography
		A. Field of Application of Article 11
		B. Interrelationship of Article 11 with Other Provisions of the Charter
		C. Sources of Article 11 Rights
		D. Analysis
		E. Evaluation
	Article 12(1) – Freedom of Assembly and of Association
		Text of Explanatory Note on Article 12(1)
		Select Bibliography
		A. Field of Application of Article 12(1)
		B. Interrelationship of Article 12(1) with Other Provisions of the Charter
		C. Sources of Article 12(1) Rights
		D. Analysis
		E. Evaluation
	Article 12(2) – Freedom of Assembly and of Association
		Text of Explanatory Note on Article 12(2)
		Select Bibliography
		A. Field of Application of Article 12(2)
		B. Interrelationship of Article 12(2) with Other Provisions of the Charter
		C. Sources of Article 12(2) Rights
		D. Analysis
		E. Evaluation
	Article 13 – Freedom of the Arts and Sciences
		Text of Explanatory Note on Article 13
		Select Bibliography
		A. Field of Application of Article 13
		B. Interrelationship of Article 13 with Other Provisions of the Charter
		C. Sources of Article 13 Rights
		D. Analysis
		E. Evaluation
	Article 14 – Right to Education
		Text of Explanatory Note on Article 14
		Select Bibliography
		A. Field of Application of Article 14
		B. Interrelationship of Article 14 with Other Provisions of the Charter
		C. Sources of Article 14 Rights
		D. Analysis
		E. Evaluation
	Article 15 – Freedom to Choose an Occupation and Right to Engage in Work
		Text of Explanatory Note on Article 15
		Select Bibliography
		A. Article 15 and the Scope of EU Law
		B. Interrelationship of Article 15 with Other Provisions of the Charter
		C. Sources of Article 15 Rights
		D. Analysis
		E. Evaluation
	Article 16 – Freedom to Conduct a Business
		Explanatory Note on Article 16
		Selected Bibliography
		A. Field of Application
		B. Relation of Article 16 to Articles 15 and 17 of the Charter
		C. Sources of Law
		D. Analysis
		E. Conclusion
	Article 17(1) – Right to Property
		Text of Explanatory Note on Article 17(1)
		Select Bibliography
		A. Field of Application of Article 17(1)
		B. Interrelationship of Article 17(1) with Other Provisions of the Charter
		C. Sources of Article 17(1) Rights
		D. Analysis
		E. Evaluation
	Article 17(2) – Right to Property
		Text of Explanatory Note on Article 17(2)
		Select Bibliography
		A. Field of Application of Article 17(2)
		B. Interrelationship of Article 17(2) with Other Provisions of the Charter
		C. Sources of Article 17(2) Rights
		D. Analysis
		E. Evaluation
	Article 18 – Right to Asylum
		Text of Explanatory Note on Article 18
		Select Bibliography
		A. Field of Application of Article 18
		B. Interrelationship of Article 18 with Other Provisions of the Charter
		C. Sources of Article 18 Rights
		D. Analysis
		E. Evaluation
	Article 19 – Protection in the Event of Removal, Expulsion or Extradition
		Text of Explanatory Note on Article 19
		Select Bibliography
		A. Article 19 and the Scope of EU Law
		B. Interrelationship of Article 19 with Other Provisions of the Charter
		C. Sources of Article 19 Rights
		D. Analysis
		E. Evaluation
	Article 20 – Equality Before the Law
		Text of Explanatory Note on Article 20
		Select Bibliography
		A. Field of Application of Article 20
		B. Interrelationship of Article 20 with Other Provisions of the Charter
		C. Sources of Article 20 Rights
		D. Analysis
		E. Evaluation
	Article 21 – Non-Discrimination
		Text of Explanatory Note on Article 21
		Select Bibliography
		A. Field of Application of Article 21
		B. Interrelationship of Article 21 with Other Provisions of the Charter
		C. Sources of Article 21 Rights
		D. Analysis
		E. Evaluation
	Article 22 – Cultural, Religious and Linguistic Diversity
		Text of Explanatory Note on Article 22
		Select Bibliography
		A. Field of Application of Article 22
		B. Interrelationship of Article 22 with Other Provisions of the Charter
		C. Sources of Article 22 Rights
		D. Analysis
		E. Evaluation
	Article 23 – Equality between Women and Men
		Text of Explanatory Note on Article 23
		Select Bibliography
		A. Field of Application of Article 23
		B. Interrelationship of Article 23 with Other Provisions of the Charter
		C. Sources of Article 23 Rights
		D. Analysis
		E. Evaluation
	Article 24 – The Rights of the Child
		Text of Explanatory Note on Article 24
		Select Bibliography
		A. Field of Application of Article 24
		B. Interrelationship of Article 24 with Other Provisions of the Charter
		C. Sources of Article 24 Rights
		D. Analysis
		E. Evaluation
	Article 25 – The Rights of the Elderly
		Text of Explanatory Note on Article 25
		Select Bibliography
		A. Field of Application of Article 25
		B. Interrelationship of Article 25 with Other Provisions of the Charter
		C. Sources of Article 25 Rights
		D. Analysis
		E. Evaluation
	Article 26 – Integration of Persons with Disabilities
		Text of Explanatory Note on Article 26
		Select Bibliography
		A. Field of Application of Article 26
		B. Interrelationship of Article 26 with Other Provisions of the Charter
		C. Sources of Article 26 Rights
		D. Analysis
		E. Evaluation
	Article 27 – Workers’ Right to Information and Consultation within the Undertaking
		Text of Explanatory Note on Article 27
		Select Bibliography
		A. Field of Application of Article 27
		B. Interrelationship of Article 27 with Other Provisions of the Charter
		C. Sources of Article 27 Rights
		D. Analysis
		E. Evaluation
	Article 28 – Right of Collective Bargaining and Action
		Text of Explanatory Note on Article 28
		Select Bibliography
		A. Field of Application of Article 28 CFREU
		B. Interrelationship of Article 28 with Other Provisions of the Charter
		C. Sources of Article 28 Rights
		D. Analysis
		E. Evaluation
	Article 29 – Right of Access to Placement Services
		Text of Explanatory Note on Article 29
		Select Bibliography
		A. Article 29 and the Scope of EU Law
		B. Interrelationship of Article 29 with Other Provisions of the Charter
		C. Sources of Article 29 Rights
		D. Analysis
		E. Evaluation
	Article 30 – Protection in the Event of Unjustified Dismissal
		Text of Explanatory Note on Article 30
		Select Bibliography
		A. Article 30 and the Scope of EU Law
		B. Interrelationship of Article 30 with Other Provisions of the Charter
		C. Sources of Article 30 Rights
		D. Analysis
		E. Evaluation
	Article 31 – Fair and Just Working Conditions
		Text of Explanatory Note on Article 31
		Select Bibliography
		A. Article 31 and the Scope of EU Law
		B. Interrelationship of Article 31 with Other Provisions of the Charter
		C. Sources of Article 31 Rights
		D. Analysis
		E. Evaluation
	Article 32 – Prohibition of Child Labour and Protection of Young People at Work
		Text of Explanatory Note on Article 32
		Select Bibliography
		A. Field of Application of Article 32
		B. Interrelationship of Article 32 with Other Provisions of the Charter
		C. Sources of Article 32 Rights
		D. Analysis
		E. Evaluation
	Article 33 – Family and Professional Life
		Text of Explanatory Note on Article 33
		Select Bibliography
		A. Field of Application of Article 33
		B. Interrelationship of Article 33 with Other Provisions of the Charter
		C. Sources of Article 33 Rights
		D. Analysis
		E. Evaluation
	Article 34 – Social Security and Social Assistance
		Text of Explanatory Note on Article 34
		Select Bibliography
		A. Field of Application of Article 34
		B. Interrelationship of Article 34 with Other Provisions of the Charter
		C. Sources of Article 34 Rights
		D. Analysis
		E. Evaluation
	Article 35 – The Right to Health Care
		Text of Explanatory Note on Article 35
		Select Bibliography
		A. Field of Application of Article 35
		B. Interrelationship of Article 35 with Other Provisions of the Charter
		C. Sources of Article 35 Rights
		D. Analysis
		E. Evaluation
	Article 36 – Access to Services of General Economic Interest
		Text of Explanatory Note on Article 36
		Select Bibliography
		A. Article 36 and the Scope of EU Law
		B. Interrelationship of Article 36 with Other Provisions of the Charter
		C. Sources of Article 36 'Rights' and 'Principles'
		D. Analysis
		E. Evaluation
	Article 37 – Environmental Protection
		Text of Explanatory Note on Article 37
		Select Bibliography
		A. Field of Application of Article 37
		B. Interrelationship of Article 37 with Other Provisions of the Charter
		C. Sources of Article 37
		D. Analysis
		E. Evaluation
	Article 38 – Consumer Protection
		Text of Explanatory Note on Article 38
		Select Bibliography
		A. Field of Application of Article 38
		B. Interrelationship of Article 38 with Other Provisions of the Charter
		C. Sources of Article 38 Rights
		D. Analysis
		E. Evaluation
	Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament
		Text of Explanatory Note on Article 39
		Select Bibliography
		A. Field of Application of Article 39
		B. Interrelationship of Article 39 with Other Provisions of the Charter
		C. Sources of Article 39 Rights
		D. Analysis
		E. Evaluation
	Article 40 – Right to Vote and to Stand as a Candidate at Municipal Elections
		Text of Explanatory Note on Article 40
		Select Bibliography
		A. Field of Application of Article 40
		B. Interrelationship of Article 40 with Other Provisions of the Charter
		C. Sources of Article 40 Rights
		D. Analysis
		E. Evaluation
	Article 41 – The Right to Good Administration
		Text of Explanations on Article 41—Right to good administration
		Select Bibliography
		A. Article 41 and the Scope of EU Law
		B. Interrelationship of Article 41 with Other Provisions of the Charter
		C. Sources of Article 41 Rights
		D. Analysis
		E. Evaluation
	Article 42 – Right of Access to Documents
		Text of Explanatory Note on Article 42
		Selected Bibliography
		A. Field of Application of Article 42
		B. Interrelationship of Article 42 with Other Provisions of the Charter
		C. Sources of Article 42 Rights
		D. Analysis
		E. Evaluation
	Article 43 – European Ombudsman
		Text of Explanatory Note on Article 43
		Select Bibliography
		A. Field of Application of Article 43
		B. Interrelationship of Article 43 with Other Provisions of the Charter
		C. Sources of the Article 43 Right
		D. Analysis
		E. Evaluation
	Article 44 – Right to Petition
		Text of Explanatory Note on Article 44
		Select Bibliography
		A. Field of Application of Article 44
		B. Interrelationship with Other Provisions of the Charter
		C. Sources of Article 44 Rights
		D. Analysis
		E. Evaluation
	Article 45 – Freedom of Movement and of Residence
		Text of Explanatory Note on Article 45
		Select Bibliography
		A. Field of Application of Article 45
		B. Interrelationship of Article 45 with Other Provisions of the Charter
		C. Sources of Article 45 Rights
		D. Analysis
		E. Evaluation
	Article 46 – Diplomatic and Consular Protection
		Text of Explanatory Note on Article 46
		Select Bibliography
		A. Field of Application of Article 46
		B. Interrelationship of Article 46 with Other Provisions of the Charter
		C. Sources of Article 46 Rights
		D. Analysis
		E. Evaluation
	Article 47 – Right to an Effective Remedy and to a Fair Trial
		Text of Explanatory Note on Article 47
		Select Bibliography
		A. Field of Application
		B. Interrelationship with Other Provisions of the Charter
		C. Sources and Content of Article 47
		D. Specific Provisions (Meaning)
	Article 48 (Administrative Law) – Presumption of Innocence and Right of Defence
		Text of Explanatory Note on Article 48
		Select Bibliography
		I. ARTICLE 48(1)-PRESUMPTION OF INNOCENCE
		A. Field of Application of Article 48(1)
		B. Interrelationship of Article 48(1) with Other Provisions of the Charter
		C. Sources of Rights under Article 48(1)
		D. Analysis
		E. Evaluation
		II. ARTICLE 48(2)-RIGHTS OF THE DEFENCE
		A. Field of Application of Article 48(2)
		B. Interrelationship of Article 48(2) with Other Provisions of the Charter
		C. Sources of Rights under Article 48(2)
		D. Analysis
	Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence
		Text of Explanatory Note on Article 48
		Select Bibliography
		I. ARTICLE 48(1)-PRESUMPTION OF INNOCENCE
		A. Field of Application of Article 48(1)
		B. Interrelationship of Article 48(1) with Other Provisions of the Charter
		C. Sources of Rights under Article 48(1)
		II. ARTICLE 48(2)-RIGHTS OF THE DEFENCE
		A. Field of Application of Article 48(2)
		B. Interrelationship of Article 48(2) with Other Provisions of the Charter
		C. Sources of Rights under Article 48(2)
		D. Analysis of Article 48
		E. Limitations and Derogations
		F. Remedies
		G. Evaluation
	Article 49 – Principles of Legality and Proportionality of Criminal Offences and Penalties
		Text of Explanatory Note on Article 49
		Select Bibliography
		A. Field of Application of Article 49
		B. Interrelationship of Article 49 with Other Provisions of the Charter
		C. Sources of Rights and Guarantees under Article 49
		D. Analysis
		E. Limitations and Derogations - Article 49(2) of the Charter
		F. Remedies
		G. Evaluation
	Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence
		Text of Explanatory Note on Article 50
		Select Bibliography
		A. Field of Application of Article 50
		B. Interrelationship of Article 50 with Other Provisions of the Charter
		C. Sources of Article 50 Rights
		D. Analysis
		E. Evaluation
	Article 51 – Field of Application
		Text of Explanatory Note on Article 51
		Select Bibliography
		A. Field of Application of Article 51
		B. Interrelationship of Article 51 with Other Provisions of the Charter
		C. Sources of Article 51 Rules
		D. Analysis
		E. Evaluation
	Article 52 – Scope and Interpretation of Rights and Principles
		Text of Explanatory Note on Article 52
		Select Bibliography
		A. Field of Application of Article 52
		B. Interrelationship of Article 52 with Other Provisions of the Charter
		C. Sources of Article 52 Rules
		D. Analysis
		E. Evaluation
	Article 53 – Level of Protection
		Text of Explanatory Note on Article 53
		Select Bibliography
		A. Sources of Article 53
		B. Analysis
		C. Conclusion
	Article 54 – Abuse of Rights
		Text of Explanatory Note on Article 54
		Select Bibliography
		A. Article 54 and the Scope of EU Law
		B. Interrelationship of Article 54 with Other Provisions of the Charter
		C. Sources of Article 54 Rights
		D. Analysis
		E. Evaluation
Part II – Reflections on the EU Charter of Fundamental Rights
	The Place of the Charter in the European Legal Space
		A. The Scope of Application of the Charter
		B. The Charter and Primary EU Law
		C. The Charter and the Common Constitutional Space
		D. Concluding Remarks
	The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies
		A. Introduction
		B. National Remedies: The Right to Effective Judicial Protection as Part of a Network of EU Principles and Constitutional Developments
		C. EU Remedies: The Right to Effective Judicial Protection as a Catalyst for Gradual Change
		D. Conclusions
	The Charter and Universal Human Rights Instruments
		A. Introduction
		B. The Relevance of International Human Rights Instruments for the Development of EU Fundamental Rights
		C. Examples from Pre-Charter Case Law
		D. Human Rights Instruments in EU External Relations
		E. The Lisbon Treaty, the Charter and Universal Instruments
		F. Conclusions
	Mutual Trust and the Charter: A Salutary Irish Example
		A. Hampshire County Council v CE
		B. Whether there is a Jurisdiction to Extend Purposes of Article 33(5) of the Brussels II bis Regulation?
		C. The Judgment of the Court of Justice in the Hampshire Cases
		D. Jurisdictional Issue
		E. Hampshire (No. 3): Back to the Irish Court of Appeal
		F. The Judgment in Hampshire (No. 4)
		G. The Judgment in Hampshire (No. 5)
		H. Conclusions
	The Implementation of the Charter of Fundamental Rights by the EU Member States (as Reflected in the Work of the EU Fundamental Rights Agency)
		A. Introduction
		B. The FRA: The EU's Fundamental Rights Body
		C. The Agency and the Charter: A 'Close Connection'
		D. The Charter and the National Judiciary: Increased Engagement
		E. The Charter and National Law Making: Marginal Role
		F. The Charter and National Executive: Lack of Engagement
		G. Outlook: Avenues to Unfold the Charter's Potential at National Level
	The Charter and the General Court
		A. Cross-Cutting Effects of the Charter
		B. Case Law Significantly Impacted by the Charter
		C. Case Law Less Affected by the Charter
		D. Conclusion
	The 'Dublin Regulation' and the Charter: An Impetus for Change
		A. Sovereignty Clause
		B. Minors and Families
		C. Right to an Effective Remedy
		D. Conclusion
	Fundamental Social Rights in the Charter - Are They Rights? Are They Fundamental?
		A. Introduction
		B. A Short History of EU Fundamental Social Rights
		C. Nature and Effects of Fundamental Social Rights
		D. Protection of Fundamental Social Rights in a Multi-level Constitutional Structure and their Legal Effects in Case Law of the Court
		E. From an Exception to the Fundamental
Part III – Commentary on the Treaty of EU Accession to the European Convention on Human Rights
	EU Accession to the ECHR
		PROTOCOL (No 8)
		Select Bibliography
		A. History of EU Accession to the ECHR
		B. EU-ECHR Relations in the Absence of a Formal Relationship
		C. Why Accession?
		D. The Draft Accession Agreement
		E. Legal Hurdles: Opinion 2/13
		F. Future of Accession
Appendix
Index