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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: 25 October 2021

Article 38 CFR

Article 38 CFR

(p.2199) Article 38 CFR
The EU Treaties and the Charter of Fundamental Rights

Tobias Lock

Oxford University Press

Due to its wording and in accordance with the Charter explanations, Article 38 CFR should be considered a principle, not a right. According to the CFR Explanations it is based on Article 169 TFEU and according to Article 52(2) TFEU should thus be interpreted in the same manner, even though the Charter explanations do not expressly say so. Article 169(1) TFEU places the Union under the same duty to ensure a high level of consumer protection, but is more specific in that it spells out a duty to contribute to their health, safety, and economic interests as well as to promote their right to information, education, and to organize themselves.

Keywords:   ‘high level’ aim, consumer protection, health, safety, and economic interests

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