Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
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AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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AUC IURIDICA, Vol 64 No 4 (2018), 89–99
The implementation and application of the Charter of Fundamental Rights of the EU in Austria
Marcus Klamert
DOI: https://doi.org/10.14712/23366478.2018.36
published online: 04. 01. 2019
abstract
This contribution will briefly lay out the sources of the protection of fundamental rights in Austria, with the Charter of Fundamental Rights being the most recent addition. The primary law status of the Charter under EU law has created frictions in the established division of competences between the highest courts in Austria. With the so-called Charter judgement, the Constitutional Court has reversed its settled case law on not applying EU law as a standard of review and grounds for repeal except in manifest cases, which has led both the Administrative Court and the Supreme Court to ‘push back’ to preserve their competence to recognise directly applicable Union law. In the legislative process, as this contribution also shows, the Charter seems yet not to have received the same level of attention as other sources of fundamental rights.
keywords: Charter of Fundamental Rights of the EU; human rights; Constitutional Court; judicial review; Convention for the Protection of Human Rights and Fundamental Freedoms; legislative process; directly applicable EU law; preliminary reference
references (8)
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8. ZIEGLER, K. - WICKS, E. - HODSON, H.: The UK and European Human Rights: A Strained Relationship? Hart Publishing, 2015.
The implementation and application of the Charter of Fundamental Rights of the EU in Austria is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478
