Stuck Between Unity and Diversity - Squeezing the EU Charter Between the Floor and the Ceiling

Abstract

The role of the EU Charter in disputes concerning fundamental rights standards between the EU and Member States has been characterized by ambiguity ever since the Charter’s inception. As the EU deepens integration of Member States to effectively face the challenges ahead, I advocate for a pluralistic interpretation of Article 53 of the Charter that allows for a greater degree of accommodation of national particularities. In that way, one would reduce constitutional tensions and find that there may be unity in diversity after all.

Keywords

• Art. 53 EU-Charta
• Charta der Grundrechte | Europäische Union
• ECJ
• EU
• EU Charta
• EuGH