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"ARTICLE 51 CHARTER" [2014] ELECD 904; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 822

Book Title: European Competition Law

Editor(s): VerLoren van Themaat , Weijer; Reuder, Berend

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 28

Section Title: ARTICLE 51 CHARTER

Number of pages: 3

Extract:

28
ARTICLE 51 CHARTER*

FIELD OF APPLICATION

1. The provisions of this Charter are 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 implement-
ing Union law. They shall therefore respect the rights, observe the
principles and promote the application thereof in accordance with
their respective powers and respecting the limits of the powers of the
Union as conferred on it in the Treaties.
2. The Charter does not extend the field of application of Union law
beyond the powers of the Union or establish any new power or task for
the Union, or modify powers and tasks as defined in the Treaties.

OVERVIEW

A. EXPLANATION RELATING TO C. ABILITY OF THE MEMBER STATES TO
ARTICLE 51 CHARTER (p.822) APPLY NATIONAL FUNDAMENTAL
RIGHTS 28.02
B. APPLICABILITY TO THE MEMBER STATES
WHEN THEY ARE IMPLEMENTING
UNION LAW 28.01



A. EXPLANATION RELATING TO ARTICLE 51 CHARTER

The aim of Article 51 is to determine the scope of the Charter. It seeks to establish
clearly that the Charter applies primarily to the institutions and bodies of the Union,
in compliance with the principle of subsidiarity. This provision was drafted in
keeping with Article 6(2) of the Treaty on European Union, which required the
Union to respect fundamental rights, and with the mandate issued by the Cologne
European Council. The term `institutions' is enshrined in the Treaties. The expression
`bodies, offices ...