Week 5

Question 1

What does the EU Fundamental rights regime consist of?

Answer 1

The general principles of EU law developed by the court which include the common constitutional traditions of the member states and the international instruments of which the most influential is the ECHR

Question 2

Why did the charter become part of the treaty?

Question 3

Who are the provisions of the charter addressed to?

Answer 3

The institutions and bodies of the EU in all their actions

National authorities when they are implementing EU law developed

Question 4

Member states act within the scope of EU law when?

Answer 4

Applying a provision of EU law
Applying national law transposing EU legislation
Applying provisions of national procedural law to enforce substantive provisions under EU law
Exercising discretion allowed for in a piece of EU legislation

Question 5

When does the charter apply?

Answer 5

If an EU law is breached in a Member state in a way that interferes with the rights of citizens as set out in the Charter

Question 6

What is covered under the content of the Charter of fundamental Rights

Answer 6

Dignity
Freedoms
Equality
Solidarity
Citizens Rights
Justice

Question 7

Grounds for review

Answer 7

Formal Ground - Lack of competence, Infringement of an essential procedural requirement, misuse of powers

Substantive Ground - Infringement of the treaty or of any rule of law relating to its application.