Grundrechtsschutz im Unionsrecht zwischen Subsidiarität und Integration

The author examines the scope of application of EU fundamental rights with regard to the EU Member States. He establishes a novel, comprehensive typology of situations in which Member States act within the scope of EU law and are thus bound by EU fundamental rights. For this purpose, he draws lessons from the experience gained on fundamental rights protection in federal states (Germany, USA and Switzerland). He scrutinises interactions between the scope of application of EU law and EU fundamental rights. Lastly, he establishes a classification of the entire relevant case law of the Court of Justice of the European Union in the form of a coherent system. With some exceptions, to a large extent the reasoning in the case law appears convincing.
Benedikt Pirker’s fields of research are EU constitutional law, EU internal market law and international economic law.