The EU Charter of Fundamental Rights
A Commentary
2nd Edition
Published on 18. November 2021
Book
Hardback
2016 pages
978-1-5099-3347-1 (ISBN)
Description
"..this most thorough commentary must be regarded as the Bible on the Charter"
Peter Oliver, Common Market Law Review
This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law.
Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Peter Oliver, Common Market Law Review
This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law.
Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Reviews / Votes
...this most thorough commentary must be regarded as the Bible on the Charter and it seems set to retain that status for some time, despite the relentless flow of new judgments, orders and A.G.s' Opinions which appear on the Court's website almost every week. Accordingly, it is a must for any lawyer with an interest in the subject. -- Peter Oliver * Common Market Law Review * The commentary is a profound standard work for the entire area of the European fundamental rights. -- Alfred Benny Auner * Newsletter Menschenrechte (Bloomsbury translation) *More details
Product info
Hardback
Edition
2nd edition
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Dimensions
Height: 251 mm
Width: 174 mm
Thickness: 68 mm
Weight
2280 gr
ISBN-13
978-1-5099-3347-1 (9781509933471)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Previous edition
Book
03/2014
1st Edition
Beck/Hart Publishing
€438.24
Article exhausted; check for reprint
Persons
Steve Peers is Professor of EU Law at the University of Essex.
Tamara Hervey is Jean Monnet Professor of EU Law, City, University of London.
Jeff Kenner is Professor of EU Law at the University of Nottingham.
Angela Ward is a Referendaire in the Chambers of Advocate General Niilo Jaeaeskinen at the Court of Justice of the European Union, and a Visiting Professor in the Law Faculty of Birkbeck College University of London.
Tamara Hervey is Jean Monnet Professor of EU Law, City, University of London.
Jeff Kenner is Professor of EU Law at the University of Nottingham.
Angela Ward is a Referendaire in the Chambers of Advocate General Niilo Jaeaeskinen at the Court of Justice of the European Union, and a Visiting Professor in the Law Faculty of Birkbeck College University of London.
Content
Part I - Commentary on the Articles of the EU Charter of Fundamental Rights
Article 1 - Human Dignity
Catherine Dupre
Article 2 - Right to Life
Elizabeth Wicks
Article 3 - Right to the Integrity of the Person
Steve Peers
Article 4 - Prohibition of Torture and Inhuman or Degrading Treatment or Punishment
Maria-Teresa Gil-Bazo
Article 5 - Prohibition of Slavery and Forced Labour
Heli Askola
Article 6 - Right to Liberty and Security
Daniel Wilsher
Article 7 (Private Life, Home and Communications) - Respect for Private and Family Life
David Mangan
Article 7 (Family Life Aspects) - Right to Respect for Private and Family Life
Miriam Kullmann
Article 8 - Protection of Personal Data
Herke Kranenborg
Article 9 - Right to Marry and Right to Found a Family
Steve Peers
Article 10 - Right to Freedom of Thought, Conscience and Religion
Ronan McCrea
Article 11 - Freedom of Expression and Information
Lorna Woods
Article 12(1) - Freedom of Assembly and of Association
Filip Dorssemont
Article 12(2) - Freedom of Assembly and of Association
Jo Shaw and Lamin Khadar
Article 13 - Freedom of the Arts and Sciences
Debbie Sayers
Article 14 - Right to Education
Gisella Gori
Article 15 - Freedom to Choose an Occupation and Right to Engage in Work
Eleni Frantziou and Virginia Mantouvalou
Article 16 - Freedom to Conduct a Business
Michelle Everson and Rui Correia Goncalves
Article 17(1) - Right to Property
Ferdinand Wollenschlaeger
Article 17(2) - Right to Property
Article 18 - Right to Asylum
Maarten den Heijer
Article 19 - Protection in the Event of Removal, Expulsion or Extradition
Elspeth Guild
Article 20 - Equality Before the Law
Mark Bell
Article 21 - Non-Discrimination
Claire Kilpatrick and Hanna Eklund
Article 22 - Cultural, Religious and Linguistic Diversity
Rachael Craufurd Smith
Article 23 - Equality between Women and Men
Dagmar Schiek and Biljana Kotevska
Article 24 - The Rights of the Child
Ruth Lamont
Article 25 - The Rights of the Elderly
Colm O'Cinneide
Article 26 - Integration of Persons with Disabilities
Charlotte O'Brien
Article 27 - Workers' Right to Information and Consultation within the Undertaking
Filip Dorssemont
Article 28 - Right of Collective Bargaining and Action
Catherine Barnard
Article 29 - Right of Access to Placement Services
Jeff Kenner
Article 30 - Protection in the Event of Unjustified Dismissal
Jeff Kenner
Article 31 - Fair and Just Working Conditions
Alan Bogg and Michael Ford
Article 32 - Prohibition of Child Labour and Protection of Young People at Work
Helen Stalford and Nuno Ferreira
Article 33 - Family and Professional Life
Jeff Kenner and Katrina Peake
Article 34 - Social Security and Social Assistance
Oxana Golynker
Article 35 - The Right to Health Care
Tamara Hervey and Jean McHale
Article 36 - Access to Services of General Economic Interest
Erika Szyszczak
Article 37 - Environmental Protection
Elisa Morgera and Gracia Marin Duran
Article 38 - Consumer Protection
Steve Weatherill
Article 39 - Right to Vote and to Stand as a Candidate at Elections to the European Parliament
Jo Shaw and Lamin Khadar
Article 40 - Right to Vote and to Stand as a Candidate at Municipal Elections
Kees Groenendijk
Article 41 - The Right to Good Administration
Paul Craig
Article 42 - Right of Access to Documents
Ivan Lazarov
Article 43 - European Ombudsman
Ian Harden
Article 44 - Right to Petition
Mats Lindfelt
Article 45 - Freedom of Movement and of Residence
Eleanor Spaventa
Article 46 - Diplomatic and Consular Protection
Eileen Denza
Article 47 - Right to an Effective Remedy and to a Fair Trial
Angela Ward
Article 48 (Administrative Law) - Presumption of Innocence and Right of Defence
Hanns Peter Nehl
Article 48 (Criminal Law) - Presumption of Innocence and Right of Defence
Debbie Sayers
Article 49 - Principles of Legality and Proportionality of Criminal Offences and Penalties
Valsamis Mitsilegas and Emmanouil Billis
Article 50 - Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence
Jonathan Tomkin
Article 51 - Field of Application
Angela Ward
Article 52 - Scope and Interpretation of Rights and Principles
Steve Peers and Sacha Prechal
Article 53 - Level of Protection
Bruno de Witte
Article 54 - Abuse of Rights
Lorna Woods
Part II - Reflections on the EU Charter of Fundamental Rights
The Place of the Charter in the European Legal Space
Koen Lenaerts and Jose Antonio Gutierrez-Fons
The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies
Albertina Albors-Llorens
The Charter and Universal Human Rights Instruments
Allan Rosas
Mutual Trust and the Charter: A Salutary Irish Example
Gerard Hogan
The Implementation of the Charter of Fundamental Rights by the EU Member States (as Reflected in the Work of the EU Fundamental Rights Agency)
Gabriel N Toggenburg
The Charter and the General Court
Alexander Kornezov
The 'Dublin Regulation' and the Charter: An Impetus for Change
Doyin Lawunmi
Fundamental Social Rights in the Charter - Are They Rights? Are They Fundamental?
Niilo Jaeaeskinen
Part III - Commentary on the Treaty of EU Accession to the European Convention on Human Rights
EU Accession to the ECHR
Tobias Lock
Article 1 - Human Dignity
Catherine Dupre
Article 2 - Right to Life
Elizabeth Wicks
Article 3 - Right to the Integrity of the Person
Steve Peers
Article 4 - Prohibition of Torture and Inhuman or Degrading Treatment or Punishment
Maria-Teresa Gil-Bazo
Article 5 - Prohibition of Slavery and Forced Labour
Heli Askola
Article 6 - Right to Liberty and Security
Daniel Wilsher
Article 7 (Private Life, Home and Communications) - Respect for Private and Family Life
David Mangan
Article 7 (Family Life Aspects) - Right to Respect for Private and Family Life
Miriam Kullmann
Article 8 - Protection of Personal Data
Herke Kranenborg
Article 9 - Right to Marry and Right to Found a Family
Steve Peers
Article 10 - Right to Freedom of Thought, Conscience and Religion
Ronan McCrea
Article 11 - Freedom of Expression and Information
Lorna Woods
Article 12(1) - Freedom of Assembly and of Association
Filip Dorssemont
Article 12(2) - Freedom of Assembly and of Association
Jo Shaw and Lamin Khadar
Article 13 - Freedom of the Arts and Sciences
Debbie Sayers
Article 14 - Right to Education
Gisella Gori
Article 15 - Freedom to Choose an Occupation and Right to Engage in Work
Eleni Frantziou and Virginia Mantouvalou
Article 16 - Freedom to Conduct a Business
Michelle Everson and Rui Correia Goncalves
Article 17(1) - Right to Property
Ferdinand Wollenschlaeger
Article 17(2) - Right to Property
Article 18 - Right to Asylum
Maarten den Heijer
Article 19 - Protection in the Event of Removal, Expulsion or Extradition
Elspeth Guild
Article 20 - Equality Before the Law
Mark Bell
Article 21 - Non-Discrimination
Claire Kilpatrick and Hanna Eklund
Article 22 - Cultural, Religious and Linguistic Diversity
Rachael Craufurd Smith
Article 23 - Equality between Women and Men
Dagmar Schiek and Biljana Kotevska
Article 24 - The Rights of the Child
Ruth Lamont
Article 25 - The Rights of the Elderly
Colm O'Cinneide
Article 26 - Integration of Persons with Disabilities
Charlotte O'Brien
Article 27 - Workers' Right to Information and Consultation within the Undertaking
Filip Dorssemont
Article 28 - Right of Collective Bargaining and Action
Catherine Barnard
Article 29 - Right of Access to Placement Services
Jeff Kenner
Article 30 - Protection in the Event of Unjustified Dismissal
Jeff Kenner
Article 31 - Fair and Just Working Conditions
Alan Bogg and Michael Ford
Article 32 - Prohibition of Child Labour and Protection of Young People at Work
Helen Stalford and Nuno Ferreira
Article 33 - Family and Professional Life
Jeff Kenner and Katrina Peake
Article 34 - Social Security and Social Assistance
Oxana Golynker
Article 35 - The Right to Health Care
Tamara Hervey and Jean McHale
Article 36 - Access to Services of General Economic Interest
Erika Szyszczak
Article 37 - Environmental Protection
Elisa Morgera and Gracia Marin Duran
Article 38 - Consumer Protection
Steve Weatherill
Article 39 - Right to Vote and to Stand as a Candidate at Elections to the European Parliament
Jo Shaw and Lamin Khadar
Article 40 - Right to Vote and to Stand as a Candidate at Municipal Elections
Kees Groenendijk
Article 41 - The Right to Good Administration
Paul Craig
Article 42 - Right of Access to Documents
Ivan Lazarov
Article 43 - European Ombudsman
Ian Harden
Article 44 - Right to Petition
Mats Lindfelt
Article 45 - Freedom of Movement and of Residence
Eleanor Spaventa
Article 46 - Diplomatic and Consular Protection
Eileen Denza
Article 47 - Right to an Effective Remedy and to a Fair Trial
Angela Ward
Article 48 (Administrative Law) - Presumption of Innocence and Right of Defence
Hanns Peter Nehl
Article 48 (Criminal Law) - Presumption of Innocence and Right of Defence
Debbie Sayers
Article 49 - Principles of Legality and Proportionality of Criminal Offences and Penalties
Valsamis Mitsilegas and Emmanouil Billis
Article 50 - Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence
Jonathan Tomkin
Article 51 - Field of Application
Angela Ward
Article 52 - Scope and Interpretation of Rights and Principles
Steve Peers and Sacha Prechal
Article 53 - Level of Protection
Bruno de Witte
Article 54 - Abuse of Rights
Lorna Woods
Part II - Reflections on the EU Charter of Fundamental Rights
The Place of the Charter in the European Legal Space
Koen Lenaerts and Jose Antonio Gutierrez-Fons
The Asymmetrical Impact of Article 47 of the Charter on National and EU Remedies
Albertina Albors-Llorens
The Charter and Universal Human Rights Instruments
Allan Rosas
Mutual Trust and the Charter: A Salutary Irish Example
Gerard Hogan
The Implementation of the Charter of Fundamental Rights by the EU Member States (as Reflected in the Work of the EU Fundamental Rights Agency)
Gabriel N Toggenburg
The Charter and the General Court
Alexander Kornezov
The 'Dublin Regulation' and the Charter: An Impetus for Change
Doyin Lawunmi
Fundamental Social Rights in the Charter - Are They Rights? Are They Fundamental?
Niilo Jaeaeskinen
Part III - Commentary on the Treaty of EU Accession to the European Convention on Human Rights
EU Accession to the ECHR
Tobias Lock