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The Relation between the Charter's Fundamental Rights and the Unwritten General Principles of EU Law: Good Administration as the Test Case

Published online by Cambridge University Press:  19 April 2013

Herwig C.H. Hofmann  and
C. Mihaescu
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Abstract

Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights in the EU legal system – Non-hierarchical, pluralistic understanding of their interrelationship – Case study: the right to good administration – Difficulties in defining the scope of the right to good administration under the Charter and that of the right to good administration as a general principle of EU law – Adoption of a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual's rights in the EU legal system

Keywords

European UnionCharter of Fundamental RightsEuropean Convention on Human RightsPluralism of fundamental rightsGood administration
Type
Articles
Information
European Constitutional Law Review , Volume 9 , Issue 1 , February 2013 , pp. 73 - 101
Copyright
Copyright © T.M.C. Asser Press and the Authors 2013

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