What’s in a right? The relationship between Community, fundamental and citizenship rights in EU law

Abstract:

This article examines the interconnections and overlaps between the various types of EU law right (Community, fundamental and citizenship) and the legal consequences of these. It begins with a discussion of the direct effect of fundamental rights both as they currently exist (as judicial, general principles of law) and as they will exist when the Charter eventually takes on binding form. It then proceeds to analyse the consequences of a Community right being upgraded to a fundamental or citizenship one, before concluding with an examination of the link between citizenship and fundamental rights.