"ARTICLE 53 CHARTER" [2018] ELECD 37; in VerLoren van Themaat, Weijer; Reuder, Berend (eds), "European Competition Law" (Edward Elgar Publishing, 2018) 891

Book Title: European Competition Law

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

Publisher: Edward Elgar Publishing

ISBN: 9781786435460

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' constitutions.
OVERVIEW A. EXPLANATION RELATING TO ARTICLE 53 CHARTER B. GENERAL (p.891) 30.01
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.
891
Chapter 30 ARTICLE 53 CHARTER
higher than ...