Il nuovo assetto dei Diritti nei trattati Europei dopo Lisbona
Journal title CITTADINANZA EUROPEA (LA)
Author/s Jacques Ziller
Publishing Year 2011 Issue 2011/1 Language Italian
Pages 22 P. 63-84 File size 566 KB
DOI 10.3280/CEU2011-001005
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Individual rights issues are strictly connected to the treaty nature of the ‘Constitution’ of the EC - now EU - as already clarified by the ECJ in the Van Gend en Loos case of 1963. It is therefore on this basis that should be analysed the innovations of the Lisbon Treaty, with regard to rights deriving from obligations for Member States, which are new in respect to the previous content of the EC and EU treaties. The author examines how the binding character of the Charter of EU fundamental rights manifests itself for all member States, as the Protocol on Poland and the UK is not an opt-out from the EU law system. Finally, the author analyses the three major effects of the mandatory character of the Charter: the differentiation between fundamental and other rights, the application of a principle of ‘reserve of law’, and the possibility of using the procedure of preliminary rulings on the interpretation of the Charter.
Jacques Ziller, Il nuovo assetto dei Diritti nei trattati Europei dopo Lisbona in "CITTADINANZA EUROPEA (LA)" 1/2011, pp 63-84, DOI: 10.3280/CEU2011-001005