1. DIRECTORATE GENERAL FOR INTERNAL POLICIES
PETITIONS
The interpretation of Art 51 Charter: stricter or broader application of the Charter to national measures?

2. The aim of the study
To assess critically the extent of application of CFR to national measures
Examines case law pre- and post-Charter
Examines current case law
Considers some of the petitions received by PETI
Argues for more courageous approach by EU and CJ

3. Art 51 CFR
FRs apply to national measures when MSs ‘implement’ EU law; some MSs (e.g. UK) fear FRs might be gateway to impinge on MSs competences
Art 51 modified / Lisbon Treaty  stress on ‘respecting limits of powers of EU’ and Charter does not ‘extend’ application of EU law beyond EU powers
Recent case law more cautious

4. Case law on application of Charter: Variable interpretation
Expansive interpretation  strong EU interest/ internal market (e.g. VAT)
Limited application to executing authorities  effectiveness of EU co-ordination (e.g. Asylum, EAW)
Charter does not apply:
Siragusa test  FRs as instrumental to EU aims
Narrow interpretation citizenship

5. Main problems with FRs in EU
Weak protection in FRs sensitive areas (Asylum, EAW)  mutual trust presumes a certain level of FRs protection; no effective EU mechanism for FRs protection
Citizens have an expectation that (at least when moving) they enjoy FRs protection as a matter of EU law ( petitions)

6. Petitions raising FRs concerns
3 main groups of petitions:
no discernible link with EU law
potential connnection to EU law
relating to infringements of foundational principles (Art 2 TEU)
COM approach is based on CJ EU jurisprudence  overall justifiable (with some exceptions)

7. A more courageous approach?
Generally FRs should be considered as aim in themselves  also enabling correct functioning of internal market
Co-ordination cases  more careful scrutiny might lead EU / MSs to push for FRs protection (Art 51(2) CFR no bar)
Citizenship cases  return to principled and constitutional interpretation

8. Presentation by Professor Eleanor SPAVENTA
Law School, Durham University
(Logo)
Policy Department Citizens’ Rights and Constitutional Affairs
Responsible Administrators:
Martina SCHONARD, Ottavio MARZOCCHI