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The fact that fundamental rights are an essential component of the European Union is today a consolidated state of affairs. In this sense, the EU seems to have undergone a true genetic transformation, evolving from a sui generis international organization, mainly focused on market integration, to an autonomous legal order protecting and promoting the rule of law within and outside its boundaries.
Union Citizenship and Access to Welfare
For the purposes of this text, the most relevant aspect of the case law on EU citizenship is that it gave access to public benefits, stressing the determination of the ECJ to move from a model of economically active residents to a more general entitlement to free movement and residence.
The process of scientific discovery is, in effect, a continual flight from wonder.
Free Movement of “Needy” Citizens After the Binding Charter. Solidarity for All?
From Market Citizenship to Union Citizenship
The European Court of Justice (herein ECJ or EUCJ) has always liberally interpreted Community law in order to foster the effet utile and encompass as many people as possible in the personal scope of application of the provisions on fundamental freedoms.
"la Justice est aveugle"
The Impact of a Binding Charter of Fundamental Rights on Enlargement Conditionality
Notwithstanding the silence with respect to the issue and the problems concerning its scope of application, the CFR can still be influential on enlargement dynamics. As previously indicated the Charter mainly reproduces the acquis communautaire and therefore does not pose any application problem within the framework of accession conditionality.
The True Scope of the Charter
According to Art. 51 of the CFR: “[t]he provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law”.