The meaning of ‘implementing’ EU law under Article 51(1) of the Charter: Åkerberg Fransson

Abstract:

On Feb 26, 2013, the Grand Chamber of the ECJ handed down its judgment in Akerberg Fransson. On the same day, a differently constituted Grand Chamber decided another case relating to fundamental rights, Melloni. Given the lengthy deliberations in both, the date cannot have been a coincidence.

On its own, Akerberg Fransson marks a turning point in their understanding of the scope of the EU Charter of Fundamental Rights. Together, the two cases mark a significant progression in the ECJ' s interpretation of the general provisions of the Charter. The substance of Akerberg Fransson concerned the interpretation of the right not to be convicted twice for the same action (ne bis in idern) as protected by Article 50 CFR. The significance of the judgment, however, lies in its resolution of the apparent inconsistency between the scope of the Charter with regard to Member States, as defined in Article 51(1), and the scope of general principles of EU law.