Granting Rights, Preserving the Rule of Law? The Effectiveness of the Charter of Fundamental Rights

This chapter briefly illustrates the Charter’s role in the context of the systemic threats to the rule of law that occurred over the last decade by paying particular attention to its potentialities and limits, as highlighted by the academic literature. The chapter argues that the Charter—in combination with other EU provisions and procedural tools—has been of primary importance in this context, especially—yet not exclusively—in protecting the independence of national courts. It is also suggested that a significant part of the criticisms attracted by the use of the Charter by the CJEU results from longstanding uncertainties surrounding the scope of application of Union law (and consequently of the Charter itself).