ECJ Fundamental Rights Jurisprudence between Member States' Prerogatives and Citizens' Autonomy

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)

Abstract

This chapter provides an analysis of the European Court of Justice's Fundamental Rights Jurisprudence, focused on the potential of Member States to maintain any positive regulatory role in supporting citizens' autonomy on the one hand, and on the impact of the Court's case law on citizens' opportunities to actually enjoy human rights within societies (substantive autonomy). It first sketches the notion of autonomy which is proposed as base of fundamental rights protection and promotion within a social reality characterized by not democratically legitimated dominance based on wealth and economic power. It proceeds to contextualize ECJ case law on fundamental rights. This section starts with a quantitative appetizer, which will formalize some assumptions and test them on a total of 150 cases before the European judiciary. The paper then offers a more conceptual recount around fundamental rights to equality and non-discrimination on the one hand and around fundamental rights of workers to actively shape employment and labor relations on the other hand. In conclusion some suggestions are made of how ECJ fundamental rights doctrine could develop more positively in order to moderate diverging interests of different parts of the citizenry in protecting fundamental rights.
Original languageEnglish
Title of host publicationThe European Court of Justice and the Autonomy of the Member States
EditorsHans Micklitz, Bruno de Witte
Place of PublicationAntwerp/Oxford
PublisherIntersentia
Pages227-258
Publication statusPublished - 2012

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