La eficacia de la Carta

MARTÍN-RETORTILLO BAQUER, Lorenzo

Publication year:

2001

Publication place:

Donostia-San Sebastián

ISBN:

84-8419-941-X

ISSN:

1138-8552

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Summary

The European Charter has been solemnly signed but its contents have not been transferred to Treaties. It is therefore not immediately binding law. Will it therefore lack any legal value? The intention behind this article is to demonstrate ; that, to a large extent, this is not so. In fact, a consistent part of the Charter is already in the Treaties, or originates of the Jurisprudence of the Court of Justice in Luxembourg or is part of the constitutional traditions of the State members. There is, on the other hand, no impediment whatsoever for more qualified legal organs to use it, as has already been done in Spain by the Constitutional Court.