"ARTICLE 52 CHARTER" [2018] ELECD 36; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 885

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

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. 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. 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. 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. The provisions of this Charter which contain principles may be implemented 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 of such acts and in ...