Topic 1 Flashcards
In what ways can the provisions of the EU Charter be beneficial for workers?
The provisions can be beneficial in 2 ways:
1) it could serve as a catalyst for a more progressive interpretation of an EU directive.
2) if the rights enshrined in the Charter are interpreted as general principles of EU law, then this would give national judges the authority to ignore national laws that do not conform to the Charter.
why has the EU Charter sometimes been counterproductive?
The Charter has proved to be counterproductive because in practice it has been used to blocked a progressive interpretation of EU directives. The Charter has given too much priority to economic freedoms, which are not fundamental rights.
what are the main obstacles against the full potential of the EU Charter?
Certain labour-related matters are excluded from the EU’s legal powers, such as: the exclusion of pay, the right of association, the right to strike and the right to impose lock-outs, which has been an obstacle to getting the full value of the Charter.
is there an external control regarding the interpretation of the EU Charter?
No, there is no external control. However, the Lisbon Treaty attempted to join the EU and ECHR together, in order to provide a leeway for an external control on human rights, but the CJEU used its power to prevent the EU from joining the ECHR
what problems arise in relation to the enforcement of the EU Charter?
The Charter relies exclusively on the judicial system for enforcement and lacks additional oversight mechanisms to monitor and ensure the implementation of its rights. This means that enforcement of Charter rights depends on individuals bringing cases to court rather than supervision by other bodies.
what is the Charter of Fundamental Rights of the EU?
a binding statement regarding the indivisibility of human rights.
what are the names of the 2 courts within the Court of Justice of the EU?
1) the Court of Justice
2) the General Court
what is the Court of Justice of the EU (CJEU) responsible for?
ensuring the uniform application and interpretation of EU law.
