Reference : The Relation between the Charter’s Fundamental Rights and the Unwritten General Princ...
Scientific journals : Article
Law, criminology & political science : European & international law
http://hdl.handle.net/10993/13971
The Relation between the Charter’s Fundamental Rights and the Unwritten General Principles of EU Law - Good Administration as the Test-Case
English
Hofmann, Herwig mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
Mihaescu, Bucura Catalina mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
2013
European Constitutional Law Review
Cambridge University Press
2013
73-101
Yes (verified by ORBilu)
International
1574-0196
1744-5515
Cambridge
United Kingdom
[en] Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights ; Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights ; Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights
[en] This article is a contribution to the debate about the relation between the multiple sources of fundamental rights in the EU legal system. It argues in favour of a non-hierarchic, pluralistic understanding of these sources. The high practical relevance of this question is analysed by means of a case study of the right to good administration. The article discusses the difficulties in defining the scope of the right to good administration under the Charter of Fundamental Rights of the EU (CFR or the Charter) and that of the right to good administration as a general principle of EU law. In view of this case study, the article argues that adopting a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual’s rights in the EU legal system.
Researchers ; Professionals ; Students ; General public ; Others
http://hdl.handle.net/10993/13971

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