DETERMINING THE SCOPE OF APPLICATION OF EU FUNDAMENTAL RIGHTS

Abstract

While it is not in dispute that respect for EU fundamental rights is a condition of the legality of EU acts, the legal documents as well as the judgments of the Court of Justice do not provide clear and straightforward criteria for defining the scope of application of EU law when it comes to the Member States’ actions. The aim of this paper is to clarify and compare this ambiguous concept before and after the entry into force of the Treaty of Lisbon, that is before and after the Charter on Fundamental Rights acquired legally binding status. The latest Court of Justice case law has also been analysed to bring more certainty as to the scope of application of EU fundamental rights to Member States’ actions.