Volume 52 (2015) / Issue 3
Dóra Guðmundsdóttir, 'A renewed emphasis on the Charters distinction between rights and principles: Is a doctrine of judicial restraint more appropriate?' (2015) 52 Common Market Law Review, Issue 3, pp. 685–719
The article examines whether recent ECJ case law indicates a renewed emphasis on the distinction between rights and principles in the Charter of Fundamental Rights, with such emphasis reflecting the well-established but problematic dichotomy between civil and political rights and economic, social and cultural rights. An alternative approach to deciding Charter cases is suggested. Inspired by a "principle of limited and shared jurisdiction" in an integrated legal system, comprising EU law, national law and the European Convention on Human Rights (ECHR), it is suggested that the ECJ could also draw parallels with the "Margin of Appreciation" doctrine under the ECHR in formulating a doctrine of judicial restraint.
Copyright © 2015 Kluwer Law International
All rights reserved