Chapter

Rights, Legality, and Legitimacy

Paul Craig

in The Lisbon Treaty

Published in print November 2010 | ISBN: 9780199595013
Published online September 2011 | e-ISBN: 9780191729508 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595013.003.0006
Rights, Legality, and Legitimacy

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The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The Lisbon Treaty in addition imposed an obligation on the EU to join the European Convention on Human Rights (ECHR), thereby resolving another issue that had been on the agenda for even longer. The legal and political consequences of these developments will be significant for the EU polity, and are analyzed in this chapter. The discussion begins with a brief account of the evolution of fundamental rights in the EC, followed by the genesis and drafting of the Charter. The status accorded to the Charter in the Lisbon Treaty is examined, as is the EU's obligation to accede to the ECHR. The focus then turns to the Charter itself. The chapter provides a brief overview of the overall content of the Charter, with attention thereafter being on important issues that arise from Title VII, which contains general provisions concerning the interpretation and application of the Charter. The discussion concludes by examining some of the broader implications of the Charter for the profile and legitimacy of judicial review within the EU.

Keywords: Lisbon Treaty; Charter of Fundamental Rights; EU; European Convention on Human Rights; judicial review

Chapter.  26070 words. 

Subjects: EU Law

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