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"ARTICLE 52 CHARTER" [2014] ELECD 905; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 825

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 29

Section Title: ARTICLE 52 CHARTER

Number of pages: 6

Extract:

29
ARTICLE 52 CHARTER*

SCOPE AND INTERPRETATION OF RIGHTS AND PRINCIPLES

1. Any limitation on the exercise of the rights and freedoms recognised by
this Charter must be provided for by law and respect the essence of
those rights and freedoms. Subject to the principle of proportionality,
limitations may be made only if they are necessary and genuinely meet
objectives of general interest recognised by the Union or the need to
protect the rights and freedoms of others.
2. Rights recognised by this Charter for which provision is made in the
Treaties shall be exercised under the conditions and within the limits
defined by those Treaties.
3. In so far as this Charter contains rights which correspond to rights
guaranteed by the Convention for the Protection of Human Rights and
Fundamental Freedoms, the meaning and scope of those rights shall be
the same as those laid down by the said Convention. This provision
shall not prevent Union law providing more extensive protection.
4. In so far as this Charter recognises fundamental rights as they result
from the constitutional traditions common to the Member States,
those rights shall be interpreted in harmony with those traditions.
5. The provisions of this Charter which contain principles may be imple-
mented by legislative and executive acts taken by institutions, bodies,
offices and agencies of the Union, and by acts of Member States when
they are implementing Union law, in the exercise of their respective
powers.They shall be judicially cognisable only in the interpretation ...