What is the added value of the concept of the �essence� of EU fundamental rights?

Dawson, Mark and Lynskey, Orla and Muir, Elise (2019) What is the added value of the concept of the �essence� of EU fundamental rights? German Law Journal, 20 (6). pp. 763-778. ISSN 20718322

Abstract

This Article introduces our Special Issue by posing a central question: What is the added value of the increasing prominence of the concept of the �essence� of fundamental rights in EU law? It will address this larger question in four steps: First, by examining the function of the concept in EU law and the methods for its derivation; second, by summarizing how its application diverges across EU-and international-law; third, by outlining some enduring difficulties with the essence concept; and finally, by reflecting on its future role in EU law, including its impact on other sites of legal authority-such as domestic fundamental rights, the political institutions of the EU, and international human rights law. As the other articles of this issue demonstrate, while there is not yet a coherent approach to deriving and understanding the essence of rights across the fundamental rights the EU must protects, the essence concept plays an increasingly significant role in demarcating the boundaries between the EU's legal and political orders and between overlapping sites of legal authority. Recent developments-such as the rule of law �crises�-are likely to further amplify the importance of �essence� to EU law practice and scholarship.

Item Type:	Article
Identification Number:	10.1017/glj.2019.61
Uncontrolled Keywords:	EU law,Essence of rights,Fundamental rights
Depositing User:	Unnamed user with username chikyta
Date Deposited:	11 Jun 2024 03:44
Last Modified:	11 Jun 2024 03:44
URI:	http://repository.ub.ac.id/id/eprint/220846

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