Jean Monnet Center at NYU School of Law


Does the EU Charter of Fundamental Rights Threaten the Supremacy of Community Law?*

Article 53 of the Charter: a fountain of law or just an inkblot?

Jonas Bering Liisberg **

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* This paper was awarded the Mancini Prize for 2001 established in honor of Federico Mancini, a judge of the European Court of Justice. The Mancini Prize is awarded annually for the best student essay, written during the current academic year, relating to the law of the European Union.

** Head of Section in the Legal Service of the Danish Ministry of Foreign Affairs. The paper is an LL.M. paper submitted to and supervised by Professor Joseph Weiler at Harvard Law School during the spring of 2001. I am greatly indebted to Professor Weiler not only for his support and supervision but also for planting the seed to the paper through a question on Article 53 of the Charter in his winter exam on EU law. I gratefully acknowledge comments from Professor Laurence Tribe, Ambassador Tyge Lehmann, Ole Spiermann, Lars Steen Nielsen and Andrew Hammel. Officials closely involved in the drafting of the Charter have provided me with invaluable information, without which the ensuing account of Article 53 would have been misleadingly different. I also wish to thank these officials, who prefer to remain anonymous. Needless to say, any mistakes are my sole responsibility, and views expressed are strictly personal.


© Jonas Bering Liisberg 2001


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