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The EU Treaties and the Charter of Fundamental RightsA Commentary$
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Manuel Kellerbauer, Marcus Klamert, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198794561

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198794561.001.0001

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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: 27 November 2021

Title II Freedoms

Title II Freedoms

Chapter:
(p.2110) Title II Freedoms
Source:
The EU Treaties and the Charter of Fundamental Rights
Author(s):

Tobias Lock

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198759393.003.525

Title II contains classical civil, political, educational, and cultural rights. These rights primarily impose negative obligations to not interfere with individual conduct, but they may also contain positive obligations. Most of the rights guaranteed in Title II directly correspond to rights in the ECHR. The notable exceptions are Articles 8, 13, 15, 16, 18, and 19 CFR. However, while these provisions may not have direct equivalents in the ECHR, certain aspects of the rights they include may nevertheless be covered by more general provisions of the ECHR as interpreted in the ECtHR’s case law.

Keywords:   ECtHR’s case law, negative obligations, protects the liberty and security

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