"ARTICLE 53 CHARTER" [2014] ELECD 906; in VerLoren van Themaat , Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2014) 831

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783476862

Section: Chapter 30

Section Title: ARTICLE 53 CHARTER

Number of pages: 2

Extract:

30
ARTICLE 53 CHARTER*

LEVEL OF PROTECTION

Nothing in this Charter shall be interpreted as restricting or adversely
affecting human rights and fundamental freedoms as recognised, in their
respective fields of application, by Union law and international law and by
international agreements to which the [European] Union or all the Member
States are party, including the [ECHR] and by the Member States' constitu-
tions.


OVERVIEW

A. EXPLANATION RELATING TO B. GENERAL 30.01
ARTICLE 53 CHARTER (p.831)




A. EXPLANATION RELATING TO ARTICLE 53 CHARTER

This provision is intended to maintain the level of protection currently afforded
within their respective scope by Union law, national law and international law.
Owing to its importance, mention is made of the ECHR.


B. GENERAL

By its third question, the national court asks, in essence, whether Article 53 of the 30.01
Charter must be interpreted as allowing the executing Member State to make the
surrender of a person convicted in absentia conditional upon the conviction being open
to review in the issuing Member State, in order to avoid an adverse effect on the right to
a fair trial and the rights of the defence guaranteed by its constitution.
The interpretation envisaged by the national court at the outset is that Article 53 of
the Charter gives general authorisation to a Member State to apply the standard of
protection of fundamental rights guaranteed by its constitution when that standard is


* This chapter was written by Herman Speyart.

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