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from Part I - The General Framework for Fundamental Rights Protection in the AFSJ
Published online by Cambridge University Press: 06 August 2021
This chapter seeks to identify the particularities of the AFSJ relevant to delineating the scope of the Charter. It outlines the regime governing the application of the Charter pursuant to Article 51(1) and describes how this regime plays out in the AFSJ. It also clarifies the role of other criteria traditionally used to determine scope, such as territorial, personal and temporal considerations. The chapter focuses on some of the particularities affecting the determination of the scope of the Charter in the AFSJ. It is suggested that, more than merely an interesting field to test the general limits of EU fundamental rights, the AFSJ represents a specific area of law that has moved the Charter into a more central position in EU case law, thereby consolidating the role and identity of the CJEU as a fundamental rights court.
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