Chartering Europe: Legal status and policy implications of the Charter of Fundamental Rights of the European Union

Abstract:

This article explores the legal status and policy implications of the Charter of Fundamental Rights of the European Union. It is argued that the Charter has legal value, despite the fact that it has not been incorporated into Community law. This is so to the extent that it consolidates existing law. The additional symbolic value of the Charter grounds the claim that it will have concrete policy impacts. It will have an effect on the weighting of social and economic goals of the Union, on its external trade and development policy, on the enlargement process (Article 49 TEU), and on the potential application of sanctions to Member States (Article 7 TEU).