Chapter

The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration

Jacqueline Dutheil de la Rochère

in Continuity and Change in EU Law

Published in print March 2008 | ISBN: 9780199219032
Published online January 2009 | e-ISBN: 9780191711862 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199219032.003.0009
 The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration

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This chapter examines the EU Charter of Fundamental Rights. Topics discussed include the influential effect of the charter and the right to good administration expressed in Article 41 of the Charter. It is argued that even if the Charter does not formally become part of EU constitutional law, as long as the Constitutional Treaty is not ratified it plays an influential and significant role in the building of a European corpus of law protecting fundamental rights. The Charter is referred to in the preambles of texts of secondary legislation and used as a document of reference by the various EC/EU institutions. The Charter, although not binding, influences the case law of European courts.

Keywords: charters; Article 41; right to good administration; EC; EU

Chapter.  7646 words. 

Subjects: EU Law

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