Comments on: Parliament v Council [2006]

By: Compromise Agreement Oxford Employment Law

Compromise Agreement Oxford Employment Law — Wed, 04 Jun 2008 08:32:16 +0000

Really interesting blog, pleasure to read.
Keep up the good work.

By: Marine Toullier

Marine Toullier — Fri, 13 Jul 2007 14:17:58 +0000

I wonder if there is another case (than Parliament v/Council, of June 27, 2006 C540/03) where the ECJ is referring to the European Charter in one of its judgement. I couldn’t find it yet! Thank you very much for your help

By: Lucia

Lucia — Wed, 27 Jun 2007 17:56:31 +0000

Thank you very much for your comments. I made a little amendment to the post. I wanted to write EU Charter but probably I was too tired when I wrote it. It will not happen again….

By: Alex

Alex — Tue, 26 Jun 2007 19:15:48 +0000

It is also the first time the ECJ is referring to the European Charter in one of its judgement:

38. The Charter was solemnly proclaimed by the Parliament, the Council and the Commission in Nice on 7 December 2000. While the Charter is not a legally binding instrument, the Community legislature did, however, acknowledge its importance by stating, in the second recital in the preamble to the Directive, that the Directive observes the principles recognised not only by Article 8 of the ECHR but also in the Charter. Furthermore, the principal aim of the Charter, as is apparent from its preamble, is to reaffirm ‘rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the [ECHR], the Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court … and of the European Court of Human Rights’.

By: Steve Peers

Steve Peers — Tue, 26 Jun 2007 11:23:54 +0000

I think you mean it was the Court’s first reference to the Charter, not to the ECHR.