EU governance through funding: What consequences for the scope of application of EU fundamental rights?

Abstract

The definition of the national situations that are covered by the scope of EU law for the purpose of applying EU fundamental rights is not an easy task. Therefore, it will be sometimes difficult for Member States and individuals to understand to what extent national action is constrained by EU law. The difficulties in drawing the line between what is in or out of the scope of EU law are amplified by the diversification of EU law making by EU institutions, which brings new situations in the border area. This trend in particularly remarkable in the field of governance through funding, which is now entering a new phase of its evolution. The use of EU funds, where old and new forms of EU law and governance are combined, constitutes the perfect testing ground to analyse the current reach of EU fundamental rights to national situations and, consequently, the limitations imposed on national actors implementing EU law.