Roberto Bin

What is the Charter of Rights for? A Neglected Issue

  • Abstract

Informations and abstract

Keywords: Charter of Fundamental Rights of the European Union; Court of Justice’s Case Law; National Fundamental Rights System; Constitutional Courts; Functional Sov- ereignty.

By virtue of the historical case law of the Court of Justice, the application of the Charter of fundamental rights of the European Union systematically overlapped the fundamental rights system developed by national constitutional courts. This phenomenon is the extreme consequence of the monist ideology that makes legal unity and indisputable value and makes sovereignty a word not to be pronounced. Thus, however, popular sovereignty characterizing national constitutions gives way to a functional sovereignty which protects, first of all, the market and its freedoms.

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