Die Unionsgrundrechte unter dem Einfluss des Prozessrechts

This book analyses the influence of the EU courts‘ procedural law on the EU fundamental rights doctrine, using the example of economic fundamental rights (Articles 15 and 16 of the European Charter of Fundamental Rights). Starting with the judicial practice of the past ten years, the distinction of the scope of various fundamental rights, the depth of scrutiny toward the Union legislator and the position of the economic fundamental rights in relation to other rights are examined. In doing so, the book illustrates the enormous – and heretofore far underestimated – relevance of procedural rules, the parties‘ strategies, and of pure chance for the European Court of Justice’s approach to fundamental rights.
The book shows the potential for reform of the EU courts in order for them to meet the justified expectation of an informed and consistent case law on fundamental rights, and presents proposals for a framework of EU economic rights in the European federation.