The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, “The EU Charter of Fundamental Rights as a Legal
Instrument: General Issues”, “The Charter and Social Rights”, and “Assessing the Legal Impact of the Charter at the National Level”. Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.
Giuseppe Palmisano is Professor in International and EU Law, School of Law, University of Camerino, and Director of the Institute for Inter national Legal Studies of the National Research Council of Italy (ISGI-CNR), Rome. He is currently a member of the European Committee of Social Rights.
Table of contents
About the Authors; Foreword
Introduction : The Charter of Fundamental Rights as a Living Instrument: Instructions for Use
Giuseppe Palmisano The EU Charter of Fundamental Rights as a Legal Instrument: General Issues
1 The EU Charter: Moving from a European Fundamental Rights Ornament to a European Fundamental Rights Order
Gabriel N. Toggenburg 2 The Scope and Efffects of the Charter of Fundamental Rights in the Case Law of the European Court of Justice
Nicole Lazzerini 3 The Impact of the Charter of Fundamental Rights on European Union Policies and Legislation
Lorenza Violini 4 The Importance of the European Convention on Human Rights for the Interpretation of the Charter of Fundamental Rights of the European Union
Giovanni Carlo Bruno The Charter and Social Rights
5 Implementation and Protection of Workers’ Fundamental Rights. Innovations in the Post-Lisbon Treaty Landscape
Maria Elena Gennusa and Andrea Rovagnati 6 Social Security, Social Assistance and Health Care in the Charter of Fundamental Rights
Andrea Crescenzi 7 The Charter of Fundamental Rights and the Protection of Vulnerable Groups: Children, Elderly People and Persons with Disabilities
Rosita Forastiero 8 The Principle of Equality and Non-discrimination within the Framework of the EU Charter and its Potential Application to Social and Solidarity Rights
Colm O’Cinneide 9 The Fundamental Rights Charter of the European Union and the European Social Charter of the Council of Europe: Partners or Rivals?
Karin Lukas Assessing the Legal Impact of the Charter at the National Level
10 The Legal Importance and Implementation of the Charter in Austria
Michael Frahm and Alisa Mayer 11 The Legal Importance and Implementation of the Charter of Fundamental Rights in Italy
Giulia Tiberi, Stefania Ninatti and Alessandra Osti 12 The Legal Value and Implementation of the Charter of Fundamental Rights in Poland
Mirosław Wróblewski 13 The Legal Importance and Implementation of the Charter in Spain
Luis Jimena Quesada 14 The Role of the Charter in the Croatian Legal Order
Goran Selanec Case Law ; Legislation and Normative Acts ; Index.