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"ARTICLE 51 CHARTER" [2018] ELECD 35; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 882

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

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 implementing 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. 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 ARTICLE 51 CHARTER C. ABILITY OF THE MEMBER STATES TO APPLY NATIONAL FUNDAMENTAL RIGHTS
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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 and ...