Tagged: Melloni

Top 10 Most Read Posts of the Year

With the end of the third year of operation of the European Law Blog approaching, it is once again time to take a brief look back at the most popular posts of the year. Based on our Google Analytics statistics and keeping in mind that there is a certain bias in favour of older posts which have had more time to become popular, we receive the following little tour d’horizon of EU law… Continue reading

Case C-206/13 Siragusa: A further piece for the Åkerberg Fransson jigsaw puzzle

By Benedikt Pirker

In this case of last week, the Court was confronted once again with the question of the scope of application of the Charter of Fundamental Rights as regards Member State action. Many will remember the landmark decision in Åkerberg Fransson on the subject; the decision essentially equated the scope of EU law with the scope of application of EU fundamental rights: where Member States act thus within the scope of EU law, they are bound by EU fundamental rights and the CJEU is the ultimate interpretive authority. The case has caused quite some controversy, with some suggesting a judicial overreach by a Court determined to become the final instance for fundamental rights in the EU to the detriment of national catalogues of fundamental rights and the national courts called to protect them. Nonetheless, other observers – to which I would count myself – have rather read the decision as the confirmation of the principles laid out by the Court in its previous jurisprudence on the topic (see also the coverage of the case on this blog). Siragusa seems to strengthen this view in a number of ways. First, the result of the case can be considered as due deference towards national courts and fundamental rights protection at the national level. Moreover, the Court also uses extensive and systematic references to earlier case law to put its decision in context with the previous jurisprudence. Lastly, there is a valuable attempt to develop a first set of explicit criteria which might serve as future guidance to separate the national and the EU spheres of judicial competence in fundamental rights protection. Continue reading