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The effect of the EU Charter of Fundamental Rights on the ERT doctrine: A case study of citizenship

Millahn, Arne (2013) The effect of the EU Charter of Fundamental Rights on the ERT doctrine: A case study of citizenship.

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Abstract:This thesis provides an analysis of the effect of the Charter of Fundamental Rights on the jurisprudence of the CJEU. It analyses disputes about the compatibility of Member State measures that limit the exercise of rights conferred on individuals by the provisions of EU citizenship. The aim is to compare first the jurisprudence of the CJEU under the ERT doctrine which formed the legal basis for review of MS derogations from EU law on the basis of Fundamental Rights. Since the legal basis of ERT was replaced by Article 51 of the Charter, the jurisprudence under the new legal basis will be compared to the old legal basis of ERT. The aim is to identify a hypothesised federalisation, which is an extension of the amount of situations regulated by EU law through an ultra vires approach to Fundamental Rights application by the CJEU.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:83 economics
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/63575
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