The Treaty of Lisbon established the binding nature of the EU Charter, which became part of the primary law of the EU. The first paragraph of its Article 51 provides that the EU Charter is addressed to the Member States only when they are implementing Union law. The obligation has thus been imposed on national courts – the constitutional courts being no exception – to observe and apply the EU Charter accordingly. By analyzing several constitutional courts of EU Member States and their relevant case law, the paper elaborates on whether the existence of the EU Charter changes the human rights discourse led by the constitutional courts. Furthermore, it explores how trust and the sentiment of being an equal interlocutor play an important role in the process.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo. Stay tuned.
The Call for Papers for ICON•S Mundo is now closed. Successful applicants will be notified by the end of May.
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