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2 results

  • 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
  • Edited by Sara Iglesias Sánchez, Maribel González Pascual, Universitat Pompeu Fabra, Barcelona
  • Book:
    Fundamental Rights in the EU Area of Freedom, Security and Justice
    Published online:
    06 August 2021
    Print publication:
    29 July 2021, pp 21-38

  • 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.