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Continuity and Change in EU LawEssays in Honour of Sir Francis Jacobs$
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Anthony Arnull, Piet Eeckhout, and Takis Tridimas

Print publication date: 2008

Print ISBN-13: 9780199219032

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199219032.001.0001

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The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration

The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration

Chapter:
(p.157) 9 The EU Charter of Fundamental Rights, Not Binding but Influential: the Example of Good Administration
Source:
Continuity and Change in EU Law
Author(s):

Jacqueline Dutheil de la Rochère

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199219032.003.0009

This chapter examines the EU Charter of Fundamental Rights. Topics discussed include the influential effect of the charter and the right to good administration expressed in Article 41 of the Charter. It is argued that even if the Charter does not formally become part of EU constitutional law, as long as the Constitutional Treaty is not ratified it plays an influential and significant role in the building of a European corpus of law protecting fundamental rights. The Charter is referred to in the preambles of texts of secondary legislation and used as a document of reference by the various EC/EU institutions. The Charter, although not binding, influences the case law of European courts.

Keywords:   charters, Article 41, right to good administration, EC, EU

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