Chapter

Solidarity and Citizenship Rights in the Charter of Fundamental Rights of the European Union

Síofra O'leary

in EU Law and the Welfare State

Published in print September 2005 | ISBN: 9780199287413
Published online March 2012 | e-ISBN: 9780191700446 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199287413.003.0003

Series: Collected Courses of the Academy of European Law

Solidarity and Citizenship Rights in the Charter of Fundamental Rights of the European Union

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This chapter examines the Charter's solidarity and citizenship rights, and analyses their impact, actual or potential, on the EU's embryonic welfare law. It examines the possible effect of these provisions on the diverse obligations that EC law in the social sphere imposes on Member States. The chapter addresses the following issues: the legal status of the Charter and its legally binding effect, if any, in the absence of agreement on the Draft Constitution; the justiciability of the solidarity and citizenship rights in the Charter; the interrelationship between the substantive rights in the Charter and the acquis communautaire; the potential, even of the most ‘programmatic’ rights that figure in the Charter, for unexpected, even far-reaching, developments resulting from interpretations of the Charter's solidarity and citizenship provisions by the ECJ; and the question of what constitutes EU welfare law.

Keywords: citizenship rights; welfare law; EC law; Draft Constitution; fundamental rights; solidarity

Chapter.  28149 words. 

Subjects: EU Law

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