- Title Pages
- Foreword
- Preface
- Table of Cases
- Table of Treaties and Legislation
- List of Abbreviations
- List of Contributors
- 1 The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court
- 2 The Changing Role of the Advocate General
- 3 The Court of First Instance, its Development, and Future Role in the Legal Architecture of the European Union
- 4 Litigating in Luxembourg and the Role of the Advocate at the Court of Justice
- 5 <i>Locus Standi</i> of Individuals under Article 230(4): The Return of Euridice?
- 6 The EFTA Court, the ECJ, and the Latter's Advocates General – a Tale of Judicial Dialogue
- 7 The Role of the ECJ in the Protection of Fundamental Rights
- 8 The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?
- 9 The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
- 10 Administrative Justice and Standards of Substantive Judicial Review
- 11 The Definition of Measures Having Equivalent Effect
- 12 The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?
- 13 Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services
- 14 Continuity and Change in the Law Relating to Services
- 15 The Financial Services Single Market and the Interface between Community Law and Domestic Law
- 16 Equal Before the Law? Not if You Want to Register a Trade Mark
- 17 The Evolution of Economic and Monetary Union – Some Legal Issues
- 18 A Panorama of Two Decades of EU External Relations Law
- 19 Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC
- 20 Dual-use Goods: (Mis)Understanding <i>Werner</i> and <i>Leifer</i>
- 21 Direct Effect of Treaties in the US and the EU, the Case of the WTO: Some Perceptions and Proposals
- 22 The European Court, the Brussels Convention/Regulation and the Establishment of an Efficient System for International Litigation in Europe
- 23 About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law
- 24 The Americanization of EU Law Scholarship
- 25 The Effect of EU Law on the Italian Courts
- 26 The Effect of European Community Law on Irish Law and the Irish Constitution
- INDEX
The Role of the ECJ in the Protection of Fundamental Rights
The Role of the ECJ in the Protection of Fundamental Rights
- Chapter:
- (p.125) 7 The Role of the ECJ in the Protection of Fundamental Rights
- Source:
- Continuity and Change in EU Law
- Author(s):
Antonio Tizzano
- Publisher:
- Oxford University Press
This chapter examines the role of the European Court of Justice in protecting fundamental rights. It shows that the Court's approach in this area developed progressively over several decades and different phases, through a number of judgments which were as bold as they were far-sighted. It has undertaken a dynamic interpretation of Community law, developing to their full extent principles inherent in the legal order originally created by the Treaties. The Court has carried out its mission and fulfilled its role in a consistent manner.
Keywords: European Court of Justice, Advocate General, Sir Francis Jacobs, Community law
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- Title Pages
- Foreword
- Preface
- Table of Cases
- Table of Treaties and Legislation
- List of Abbreviations
- List of Contributors
- 1 The Functioning of the Court of Justice in an Enlarged Union and the Future of the Court
- 2 The Changing Role of the Advocate General
- 3 The Court of First Instance, its Development, and Future Role in the Legal Architecture of the European Union
- 4 Litigating in Luxembourg and the Role of the Advocate at the Court of Justice
- 5 <i>Locus Standi</i> of Individuals under Article 230(4): The Return of Euridice?
- 6 The EFTA Court, the ECJ, and the Latter's Advocates General – a Tale of Judicial Dialogue
- 7 The Role of the ECJ in the Protection of Fundamental Rights
- 8 The Strasbourg Perspective and its Effect on the Court of Justice: Is Mutual Respect Enough?
- 9 The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
- 10 Administrative Justice and Standards of Substantive Judicial Review
- 11 The Definition of Measures Having Equivalent Effect
- 12 The Concept of Abuse in the Freedom of Establishment of Companies: a Case of Double Standards?
- 13 Recurring Cycles in the Internal Market: Some Reflections on the Free Movement of Services
- 14 Continuity and Change in the Law Relating to Services
- 15 The Financial Services Single Market and the Interface between Community Law and Domestic Law
- 16 Equal Before the Law? Not if You Want to Register a Trade Mark
- 17 The Evolution of Economic and Monetary Union – Some Legal Issues
- 18 A Panorama of Two Decades of EU External Relations Law
- 19 Multilevel Constitutionalism and Judicial Protection of Freedom and Justice in the International Economic Law of the EC
- 20 Dual-use Goods: (Mis)Understanding <i>Werner</i> and <i>Leifer</i>
- 21 Direct Effect of Treaties in the US and the EU, the Case of the WTO: Some Perceptions and Proposals
- 22 The European Court, the Brussels Convention/Regulation and the Establishment of an Efficient System for International Litigation in Europe
- 23 About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law
- 24 The Americanization of EU Law Scholarship
- 25 The Effect of EU Law on the Italian Courts
- 26 The Effect of European Community Law on Irish Law and the Irish Constitution
- INDEX
