The Charter of Fundamental Rights of the European Union is based, on the one hand, on the traditional concept that fundamental rights are a means to protect citizens against unjustifi ed interference by public authorities. On the other hand, by contrast to the general defensive approach of negative rights, and more controversially, some chapters guarantee quite extensive positive rights to protection and entitlements, based on equality and solidarity. The following article offers an economic analysis of the effi ciency and legitimacy of the Charter, including the question of whether it should be binding at a supranational level.
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