From Copper-Fastening Competence to Workable Structural Rule: What Might a Modernized Article 51 of the Charter Look Like?

Abstract This article critiques the case-law of the CJEU on when Member States are ‘implementing’ EU law under Article 51 of the Charter, and tables a proposal for amending Article 51 to enhance the effectiveness of EU fundamental rights protection. It also suggests modifying and updating the explanations. Given that Member State judges have alternative routes available to them to resolve fundamental rights disputes, namely via Member State rules and the ECHR, and which do not require consideration of a complex threshold question before the pertinent substantive laws can apply, it suggests that review of Article 51 of the Charter might be timely.