Cambridge Yearbook of European Legal Studies最新文献_第5页

National Constitutional Courts as Guardians of the Charter: A Comparative Appraisal of the German Federal Constitutional Court's Right to Be Forgotten Judgments 国家宪法法院是宪章的守护者——德国联邦宪法法院被遗忘权判决的比较评价

Cambridge Yearbook of European Legal Studies Pub Date : 2020-12-01 DOI: 10.1017/cel.2020.13

Clara Rauchegger

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引用次数: 2

Symposium – The First Decade of the Binding EU Charter of Fundamental Rights 研讨会——具有约束力的《欧盟基本权利宪章》的第一个十年

Cambridge Yearbook of European Legal Studies Pub Date : 2020-11-24 DOI: 10.1017/cel.2020.12

Clara Rauchegger, Kenneth A. Armstrong

引用次数: 0

Constructive Versus Destructive Conflict: Taking Stock of the Recent Constitutional Jurisprudence in the EU 建设性冲突与破坏性冲突——对欧盟近期宪法法学的评价

Cambridge Yearbook of European Legal Studies Pub Date : 2020-11-24 DOI: 10.1017/cel.2020.9

Ana Bobić

引用次数: 0

The Relationship Between the Charter and General Principles: Looking Back and Looking Forward 《宪章》与一般原则的关系:回顾与展望

Cambridge Yearbook of European Legal Studies Pub Date : 2020-11-11 DOI: 10.1017/cel.2020.6

Emily Hancox

引用次数: 2

Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States? 欧洲联盟的权利和权力：建立一个完全适用于成员国的宪章？

Cambridge Yearbook of European Legal Studies Pub Date : 2020-11-06 DOI: 10.1017/cel.2020.8

Aida Torres Pérez

{"title":"Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?","authors":"Aida Torres Pérez","doi":"10.1017/cel.2020.8","DOIUrl":"https://doi.org/10.1017/cel.2020.8","url":null,"abstract":"Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.","PeriodicalId":52109,"journal":{"name":"Cambridge Yearbook of European Legal Studies","volume":"22 1","pages":"279 - 300"},"PeriodicalIF":0.0,"publicationDate":"2020-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1017/cel.2020.8","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49638509","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

The Horizontal Effect of the Charter: Towards an Understanding of Horizontality as a Structural Constitutional Principle 《宪章》的横向效应：理解作为一项结构性宪法原则的横向性

Cambridge Yearbook of European Legal Studies Pub Date : 2020-11-06 DOI: 10.1017/cel.2020.7

E. Frantziou

引用次数: 3

A Social Enterprise Company in EU Organisational Law? 欧盟组织法中的社会企业公司？

Cambridge Yearbook of European Legal Studies Pub Date : 2020-10-01 DOI: 10.1017/cel.2021.1

J. S. Liptrap

引用次数: 4

EU Membership: Formal and Substantive Dimensions 欧盟成员资格：形式和实质层面

Cambridge Yearbook of European Legal Studies Pub Date : 2020-10-01 DOI: 10.1017/cel.2020.5

P. Craig

引用次数: 3

The CETA ICS and the Autonomy of the EU Legal Order in Opinion 1/17 – A Compass for the Future CETA ICS和欧盟法律秩序的自主性，见《意见1/17》——未来的指南针

Cambridge Yearbook of European Legal Studies Pub Date : 2020-08-04 DOI: 10.1017/cel.2020.4

Maria Fanou

引用次数: 4

The Compatibility of Private Health Insurance Schemes with EU Law: Applying the Health Insurance Exception beyond Substitutive Private Health Insurance 私人健康保险计划与欧盟法律的兼容性:在替代性私人健康保险之外适用健康保险例外

Cambridge Yearbook of European Legal Studies Pub Date : 2020-06-03 DOI: 10.1017/cel.2020.3

B. Nikolić

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引用次数: 2