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A New Garment for an Old Question: a Clash between Mans Rights and Citizens Rights in the Enlarged Europe?

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Chapter Summary

The relationship between societal needs and the formulation of the rights has been playing so far a deciding role in the interest of the scholars aiming to study the legal foundations of the human rights. It ought to be cleared up whether or not the foundation of the rights may be found in the general importance of the human person for the legal orders, especially the European one. This chapter explains how and to which extent such an approach might be consistent with the acquisition of a general normative strength of the rules determining the legal content of the fundamental rights. One of the first elements that have been taken into account by the interpreters of the EU Charter of Fundamental Rights (CFR), has been that in its approach the traditional dichotomy between freedoms and social rights seems to disappear.

Keywords: EU charter of fundamental rights (CFR); European legal tradition; human rights; social rights



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