CYIL vol. 8 (2017)

CYIL 8 ȍ2017Ȏ THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION … when applying their national law, they do so under the permission of the EU rules and for the purpose of deviating from them. Therefore, they appear in the area outlined by EU law. 19 The arguments here, similar to previous situations, are based on the general need for a uniform standard of the application of EU law in all Member States. It is thus clear that the application of the EU fundamental rights standards vis-á-vis Member States was limited only to a certain segment of their activities somehow connected with the effects of EU law. The question has been (and still is) what are the activities covered by this segment, which actions of the Member States fall under the umbrella of the Charter (and therefore under the control and interpretative jurisdiction of the Court of Justice)? 2.2 State of the Art after the Treaty of Lisbon The question of boundaries of Charter applicability vis-á-vis the Member States was among the most discussed issues in relation to the negotiation of the Charter 20 and brought significant case law to the Court of Justice in recent years. When interpreting and applying legal norms (including EU law), a general standard applies according to which, if the object of the interpretation is unambiguous, it is to be accepted and applied. However, if the legal rule to be interpreted is not clear, it is necessary to admit this and to proceed accordingly when seeking its true meaning and correct application. In this sense, Article 51(1) of the Charter would, to the extent to which it relates to the Member States, fall within the second case. Pursuant to Article 51(1) of the Charter are its provisions addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing EU law. This article has become the focus of interest both in case law and in academic literature to an unprecedented extent in connection with the applicability of the Charter to the Member States. The reason lies in the precise meaning of the phrase “…when they are implementing Union law”. When interpreting and applying this phrase it is necessary to take into account the Explanations to the Charter, 21 the case law of the Court of Justice on the general principles of law including the protection of the fundamental rights in the pre-Lisbon period, the post-Lisbon case law of the Court of Justice, and also, to some extent, the different language versions of Article 51(1) of the Charter. Also, any attempts in legal doctrine to clarify the material scope and content of this phrase should not be neglected and ought to be considered. 22 19 WEILER, J. H. H., The constitution of Europe. ‘Do the new clothes have an Emperor?’ and other essays on European integration . Cambridge University Press, 1999. 20 SCHÖNLAU, J., Drafting the EU Charter-Rights, legitimacy and process . Palgrave Macmillan, 2005. 21 To the authority of Explanations, see LENAERTS, K., Exploring the Limits of the EU Charter of Fundamental Rights. European Constitutional Law Review , 2012, vol. 8, p. 377. See also DOBROVIČOVÁ, G., JÁNOŠÍ- KOVÁ, M., Právna povaha Vysvetliviek k Charte základných práv Európskej únie: Možnosť alebo povinnosť ich využitia v rozhodovacej činnosti súdov? In: Ochrana ľudských práv a základných slobôd ústavnými súdmi a medzi- národnými súdnymi orgánmi: III. ústavné dni . Univerzita Pavla Jozefa Šafárika v Košiciach, 2014, pp. 57-68. 22 See BESSELINK, L., The Member States, the National Constitutions and the Scope of the Charter. Maastricht Journal of European and Comparative Law , 2001, vol. 8. pp. 68-80; BOBEK, M. Kam až sahá právo EU? K věcnému aplikačnímu rámci unijního práva v členských státech. Právní rozhledy , 2013, vol. 21, pp. 611- 618; See also MAZÁK, J., JÁNOŠÍKOVÁ, M. et al., The Charter of Fundamental Rights of the European Union

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