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The guarantee of human dignity in Art. 1 EU Charter of Fundamental Rights

by Dr. Astrid Berlth

By codifying human dignity at the head of the Charter of Fundamental Rights of the European Union, the Convention on Fundamental Rights has made visible a fundamental right that had hitherto only been touched by the case-law of the European Court of Justice. In the present work, the background of the guarantee of human dignity in the European Union is examined and its status in its fundamental rights architecture is examined. In particular, the dual nature of Article 1 of the CRCh as a fundamental right with a subjective legal dimension and as an objective legal principle as well as its significance for the first title of the CRCh are examined. The constitutions of the Member States of the European Union as well as the case law of the Luxembourg Court of Justice are among the sources of information.

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