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15 Utrecht L. Rev. 1 (2019)

handle is hein.journals/utrecht15 and id is 1 raw text is: Utrecht This article is published in a peer-reviewed section of the Utrecht Law Review Protection of the EU Charter for Private Legal Entities and Public Authorities? The Personal Scope of Fundamental Rights within Europe Compared Manon Julicher, Marina Henriques, Aina Amat Blai, Pasquale Policastro* 1. Introduction Both the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) play an important role in the protection of fundamental rights in Europe. However, whereas the ECtHR has always been a heavyweight in the protection of fundamental (human) rights, the CJEU has traditionally played a more modest role in this protection. Recently, however, this court has been developing into a more important guardian of fundamental rights.' One of the reasons for this is the coming into force of the EU's own fundamental rights document: the Charter of Fundamental Rights of the European Union (the Charter), which became binding for EU Member States in 2009.2 Although the CJEU is increasingly dealing with fundamental rights cases, and appeals and referrals to the Charter are piling up,' there is still unclarity concerning the application of the Charter.4 Its doctrines and concepts are not as clearly defined as comparable concepts in the European Convention on Human Rights (ECHR). This is the case, for example, if one considers the topic of the personal scope of the fundamental rights in the Charter. The issue of the personal scope concerns the question of who can claim the protection of the fundamental rights.5 It is generally accepted * Manon Julicher is a PhD researcher in Constitutional Law at Utrecht University. Marina Henriques is a researcher at the Centre for Social Studies of the University of Coimbra and a PhD researcher at the University of Coimbra (Doctoral Program in Law, Justice, and Citizenship in the 21st Century). Aina Amat Blai works as a legal specialist in EU law for the Human Rights Institute of Catalonia. Pasquale Policastro is full time professor at the University of Szczecin, Department of Constitutional Law and European Integration. Corresponding author: Manon Julicher, email: m.m.julicher@uu.nl. This article is written within the context of the project 'The Charter of Fundamental Rights in action'. This is a DG-Justice project that aims to promote better knowledge and awareness ofthe content, application and relevance ofthe EU Charter within the European legal order (http://www.ces.uc.pt/cfr/, last visited 20 June 2018). The authors like to thank Jose Manuel Pureza (coordinator of the project 'The Charter of Fundamental Rights in action'), Conceigio Gomes (executive coordinator of the Permanent Observatory for Justice, Centre for Social Studies), Philip Langbroek (Professor of Justice Administration and Judicial Organisation, Utrecht University), Rob Widdershoven (Professor of European Administrative Law, Utrecht University) and Janneke Gerards (Professor of Fundamental Rights Law, Utrecht University), who provided expertise and comments that greatly improved this paper. The authors also thank Carolina Carvalho (junior researcher at the Centre for Social Studies) for the assistance with the research on the Portuguese part of the paper. 1 J. Gerards, 'Who Decides on Fundamental Rights Issues in Europe? Towards a mechanism to Coordinate the Roles of the National Courts, the ECJ and the ECtHR', in S. Weatherill and S. de Vries (eds.), Five years legally binding EU Charter of Fundamental Rights - What is the state of play in the protection of fundamental Rights in the EU? (2015); S. Weatherill, 'From Economic Rights to Fundamental Rights', in S. de Vries et al. (eds), The Protection of Fundamental Rights in the EU after Lisbon (2013); S. De Vries, 'The protection of fundamental rights within Europe's Internal Market after Lisbon - an endeavour for more harmony', in S. De Vries & U. Bernitz (eds.), Protection of Fundamental Rights in the EU after Lisbon (2013); J. Morijn, 'Balancing Fundamental Rights and Common Market Freedoms in Union Law: Schmidberger and Omega in the Light of the European Constitution' (2006) 12 European LawlJournal, no. 1. 2 Gerards, supra note 1, p. 49. 3 Ibid. 4 L. Bojarski et al., The Charter of Fundamental Rights as a Living Instrument (2014), p. 5. 5 D. Curtin & R. van Ooik, 'The Sting is Always in the Tail. The Personal Scope of Application of the EU Charter of Fundamental Rights', (2001) 8 Maastricht Journal of European and Comparative Law, no. 1, p. 103; S. Greer et al., Human rights in the Council of Europe and the European Union (2018), pp. 312-313. www.utrechtlawreview.org I Volume 15, Issue 1, 2019 | http://doi.org/10.18352/ulr.490 I

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