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See detailThe Relation between the Charter’s Fundamental Rights and the Unwritten General Principles of EU Law - Good Administration as the Test-Case
Hofmann, Herwig UL; Mihaescu, Bucura Catalina UL

in European Constitutional Law Review (2013), (2013), 73-101

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 ... [more ▼]

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. [less ▲]

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