Rescue Package for Fundamental Rights: Comments by DANIEL HALBERSTAM
I welcome the Heidelberg proposal! Several years ago – long before the Zambrano judgment confirmed the idea – I wrote a piece explaining that a “reverse Solange” idea could already be discerned from such early cases as Carpenter and Chen. Despite the doctrinal niceties that provided certain formal limits to those early cases, it was clear that the European Court of Justice had virtually plenary jurisdiction over fundamental rights throughout the European Union. With the adoption of the binding Charter of Fundamental Rights, that is even more evident today. Since U.S. analogies have been bandied about, let me throw in ... continue reading
