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pluralism of fundamental rights

European Constitutional Law Review (1)

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The Relation between the Charter's Fundamental Rights and the Unwritten General Principles of EU Law: Good Administration as the Test Case
Herwig C.H. Hofmann, C. Mihaescu
Journal:

European Constitutional Law Review / Volume 9 / Issue 1 / February 2013

Published online by Cambridge University Press:

19 April 2013, pp. 73-101

Print publication:

February 2013
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Charter of Fundamental Rights of the EU – Multiple sources of fundamental rights in the EU legal system – Non-hierarchical, pluralistic understanding of their interrelationship – Case study: the right to good administration – Difficulties in defining the scope of the right to good administration under the Charter and that of the right to good administration as a general principle of EU law – Adoption of a pluralistic understanding of the EU fundamental rights’ sources allows for a clarification and improved understanding of the individual's rights in the EU legal system