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The EU charter of fundamental rights – accepted by all EU states — guarantees the right to marry, deliberately excluding any reference to gender.
Steve Peers, professor in EU law at Essex University, said this measure would breach the EU charter of fundamental rights, as interpreted by the European court of justice.
It is therefore crucial for any EU Charter not to affect existing international conventions and declarations of rights, but merely to require that EU countries sign these.
EU Charter of Fundamental Rights, December 7, 2000, Article 51(1).
Under the treaty, the EU charter of fundamental rights is legally binding.
Johnson said she could not be deported because the ECJ could adjudicate on the EU charter of fundamental human rights.
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They also asked whether the EC or any EU institution's use of the service was in line with the EU Charter of Fundamental rights and data protection legislation.
Some have asserted that the EU Charter of Fundamental Rights ("the Charter") will serve as the constitution to bind the European Union (EU).
Established in the EU Charter of Fundamental Rights in 2000, it is increasingly permeating EU secondary law, and is expected to play a key role in the future EU personal data protection landscape.
EU law contains human rights law, because human rights principles are part of EU law and have (belt and braces) also now been copied into the EU Charter (what is the Charter? – see this post).
It figures prominently in EU Treaties; in Article 2 of the Lisbon Treaty, and the EU Charter of Fundamental Rights.
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