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Accessing Asylum in EuropeExtraterritorial Border Controls and Refugee Rights under EU Law$
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Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Violeta Moreno-Lax

Print publication date: 2017

Print ISBN-13: 9780198701002

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780198701002.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 08 March 2021

The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model

The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model

Chapter:
(p.203) 7 The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model
Source:
Accessing Asylum in Europe
Author(s):

Violeta Moreno-Lax

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198701002.003.0007

This chapter will catalogue the multiple ways in which human rights penetrate the EU legal order and the different functions they play qua (internalised/’Europeanised’) ‘fundamental rights’, both as standards of validity and as means of interpretation of EU acts. The main preoccupation is to identify the sources of fundamental rights obligations, retrace their origin and overall significance within the EU legal system, and determine the rules relevant to their interpretation and application. The ‘integrated’ or ‘cumulative standards’ approach will be developed against this background. According to this method, the precise level of protection that Charter rights afford will be determined by reference to Articles 52 and 53 thereof, taking the ECHR, other ‘international obligations common to the Member States’ (Recital 5 CFR), and any relevant ‘autonomous requirements’ of EU law into account. Drawing on post-Lisbon case law, it will be shown how any other approach fails to ensure compliance with all relevant requirements simultaneously. This technique will inform assessments in chapters of Part II.

Keywords:   Charter of Fundamental Rights, integrated interpretation, cumulative standards model, concurrent application, Article 52 CFR, Article 53 CFR, Autonomy of EU law, fundamental rights acquis, validity of EU law, international obligations common to the Member States, aggregate standards

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