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THE EU TREATIES AND THE CHARTER
OF FUNDAMENTAL RIGHTS

A COMMENTARY
 The EU Treaties and
the Charter
of Fundamental Rights
A COMMENTARY

EDITED BY

MANUEL KELLERBAUER
MARCUS KL AMERT
and
JONATHAN TOMKIN

3
 3
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© The several contributors 2019
The moral rights of the authors have been asserted
First Edition published in 2019
Impression: 1
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a retrieval system, or transmitted, in any form or by any means, without the
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above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Crown copyright material is reproduced under Class Licence
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Published in the United States of America by Oxford University Press
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Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
 Foreword
The establishment of a European Union, which according to Article 1 TEU is intended
to create ‘an ever closer Union among the peoples of Europe’, is being threatened from
within. And the most serious threat is to the rule of law in Europe and the effectiveness
and uniformity of the application of EU law in all the Member States.
A first attack on the rule of law has been directed at the values that constitute the very
foundations of the Union as laid down in Article 2 TEU.
The immediate victim of the second attack is each citizen of the European Union who
risks being prevented from exercising the rights that he or she derives from EU law on
the same terms.
The foregoing observations make it clear why this book is of paramount importance at
this time. Explaining to the citizens of the European Union (and not only lawyers) how
the goals, values, principles, competences, institutional machinery, and procedures of the
European Union are shaped is nowadays an urgent task.
At the turn of the 20th century, Sir William Osler noted that ‘The greater the ignorance
the greater the dogmatism’. Too many important decisions having immense impacts on
the lives of millions of people in Europe and elsewhere have arisen out of pure ignorance
and ensuing dogmatism. This book helps to fill an important gap in the general know-
ledge of the constitutional and institutional framework of the European Union.
This book will be of great value not only to scholars and students, judges and prac-
titioners, civil servants and company lawyers, legislators, policy makers and business
people. In general, all citizens wishing to find out more about the Union, its objectives
and mechanisms, the decision-​making practice of the European Commission and the
most relevant case law of the Court of Justice of the European Union, may find an answer
in the pages that follow.
Written by distinguished academics and members of the Commission’s Legal Service,
some with past experience in private practice in member and non-​member States, the
book is exemplary in its structure, format and content.
First of all, it gives a complete picture of all the main issues concerning the constitutional
provisions of the Treaty on European Union (TEU), the Treaty on the Functioning of the
European Union (TFEU) and the Charter of Fundamental Rights of the European Union (the
Charter). They are presented in a comprehensive manner, which assists the reader on a wide
range of matters falling within the scope of what is currently known as the ‘EU legal order’.
That legal framework is no longer a mere tool for developing trade and strengthening
economic integration between Member States. It encompasses nowadays a wide array
of matters typically pertaining to a true constitutional legal order: a common currency,
Union citizenship and a common area of freedom, security and justice, a division of com-
petences and powers and a number of principles governing that division, a formal cata-
logue of fundamental rights, a sophisticated institutional machinery, a set of policies to
be pursued by the political authorities, an international legal personality, and an embryo
of foreign and security policy in the international arena.
This book contributes to a better understanding of the meaning and scope of the con-
stitutional provisions that govern the Union and how they are applied.
vi Foreword

Second, the commentaries are written in a clear and concise manner accessible to any
normally informed person. Moreover, the reader may easily find his or her way to fur-
ther, more specialized, readings that complete the information already provided in the
commentaries.
Indeed—and this is another quality of the book—each Commentary is preceded in
general by useful information relating to a ‘Selected bibliography’ and ‘Essential case l​ aw’,
as well as, where appropriate, a table of contents and a listing of the main legal acts or
instruments of ‘soft law’ (Commission notices and communications, guidelines, action
plans, etc.). There is also an introduction, overview and selected bibliography for each
title or chapter of the Treaties and the Charter. The commentaries further rightly set out
widely recognized academic legal writings and appropriately build upon them in order to
reach their conclusions.
In addition, the texts contain abundant references to international treaties and other in-
struments of international law, including in particular the Convention for the Protection of
Human Rights and Fundamental Freedoms (the European Convention on Human Rights).
The case law of the European Court of Human Rights has received considerable analysis,
mainly as concerns the application of the Charter of Fundamental Rights. This is not sur-
prising since, as stated in Article 52(3) of the Charter, ‘[in] so far as this Charter contains
rights which correspond to rights guaranteed by the [European Convention], the meaning
and scope of those rights shall be the same as those laid down by the said Convention’,
without prejudice to the possibility for EU law to provide more extensive protection.
However, it is of course the case law of the Courts of the European Union (the Court
of Justice and the General Court) which receives the most extensive coverage. In that re-
gard, the book offers a comprehensive and in-depth analysis of such case law (including,
where relevant, of the case ​law of the EFTA Court), as well as of the opinions of Advocates
General, thus providing elegant—and sometimes controversial—legal commentary.
No doubt that the great experience and vast knowledge of the combined authors
constitutes the mainstay of a colossal work. The fact that I may not share all the views
expressed by the commentators among the more than 2000 pages of the book does not
stop me from considering it a serious piece of work of the highest quality. I sincerely wel-
come the debate that may arise, in the legal literature, from such vast and rich amounts
of analysis, ideas and arguments.
I was deeply pleased and honoured to receive the invitation from the three co-​editors—
Manuel Kellerbauer, Marcus Klamert and Jonathan Tomkin—asking me to write the
foreword to the book they undertook to write and coordinate.
I would like to sincerely congratulate them and all their co-​authors for this under-
taking that represents a major contribution to the reflection on the current state of the
EU legal order. Most of them are very well-​known faces to the members of the Court of
Justice, who appreciate their competence, professionalism and integrity.
I am sure that this book will become a regular companion to judges, lawyers and
scholars at EU and national level. I strongly recommend it to everybody who feels the
need for assistance in understanding the increasing complexity of EU law or to all those
who are simply interested in being better informed on the basic laws of the Union.

José Luís da Cruz Vilaça

Judge, President of Chamber (2012–2018)
European Court of Justice


 Preface
The European Union is essentially a legal construct. For over sixty years, its shape and
scope have been defined and developed through the adoption of successive EEC, EC and
EU Treaties and their interpretation by the Court of Justice of the European Union.
The EU Treaties and the accompanying Charter of Fundamental Rights are not merely
a set of operational rules; they represent the embodiment of the shared laws, principles,
and values of successive generations of constituent Member States. In the absence of any
single language, ethnicity or culture, those shared laws, principles and values have been
fundamental in defining the EU’s identity. It is thus unsurprising that the EU Treaties
have been referred to by the Union Courts as the ‘constitutional charter’ of (what is now)
the European Union.
An understanding of this constitutional charter allows for an understanding of what
the Union is and represents, namely, a thriving supranational organisation based on the
common values of its members that has demonstrated resilience in the face of uprecedented
challenges. In times suggestive of a drift towards unilateralism, the case for promoting a
thorough and correct understanding of this unique model of international cooperation is
even more compelling.
It was in the light of such considerations that, during a phone call between Vienna
and Brussels in March 2015, the decision was taken to write this book: a comprehen-
sive article-by-article commentary that presents within a single volume the constitutional
framework of the EU legal order and that ensures a clear and structured analysis of each
provision of primary law as interpreted by the Union Courts. We are very grateful to
OUP for having quickly endorsed what has been, to say the least, a sizeable endeavour
and for providing encouragement until its completion.
Over three years have passed and many more phone calls between Oxford, Vienna
and Brussels have followed. As editors, we have managed to complement each other’s
fields of expertise and skills effectively, making this project a truly enjoyable though time-
consuming endeavour. We are delighted and proud to have been able to enlist some of
the most renowned and knowledgeable experts in their respective areas of EU law as
co-authors.
The Commentary considers academic analysis and comment, but is also intended to
facilitate the practice of EU law. To this end, special features have been incorporated to
enable ready access and identification of key issues: each title, chapter, and section is
preceded by an ‘Introduction’ setting out issues common to the articles considered. In
addition, ‘Overviews’ give concise summaries of the content of the provisions. At the
beginning of each article, a ‘Selected bibliography’ points to academic references con-
sidered especially relevant and useful. Under ‘Essential case law’, the Commentary gives
a succinct summary of the most relevant findings of the Union Courts and the European
Court of Human Rights. Finally, summaries of ‘Main legal instruments’ concisely de-
scribe key secondary law of relevance to the provisions analysed.
We are very grateful to a number of people who have assisted in various ways in
realizing this project: Dominik Schnichels for bringing two of the editors together,
Christine Pesendorfer for her gracious support from the very beginning, as well as Lukasz
viii Preface

Baumgart, Caragh Cunniffe, Chris Docksey, Barbara Ernst, Aurélie-Anne Gilly, Anna
Gnap, Lóránt Havas, Franz Koppensteiner, Emmanuel Manhaeve, Maria-Isabel Martinez
del Peral, Rudolphe Munoz, Piedade Costa de Oliveira, Claire Smith, John Stanley, Peter
Thalmann, Daniel Thym, Rudi Troosters and Jacquelyn Veraldi, for giving so gener-
ously of their limited time and abundant expertise to review numerous sections of the
Commentary or to provide valuable input. However, any views expressed remain per-
sonal to the authors.
Special thanks are also due to Alex Flach, Natasha Flemming, Imogen Hill, Natalie
Patey, Alec Swann and Emma Taylor at OUP for all their enthusiastic support, persist-
ence and encouragement.
Finally, the editors would like to thank their families and children for their support
and forbearance during the many hours, evenings and weekends, required to bring this
project to fruition. They would like to dedicate this book to their children, who form part
of the next generation of EU citizens: Anna Serena, Elias, Filippa, Laya and Luis. While
writing was completed on 30 May 2018, it has been possible to take account of major
legal developments as of January 2019.
Manuel Kellerbauer, Marcus Klamert and Jonathan Tomkin
Brussels and Vienna
January 2019
 Contents—​Summary

Notes on Contributors xix

Abbreviations xxiii
Table of Cases xxxiii
Table of Legislation cxiii

TREATY ON EUROPEAN UNION 1

TREATY ON THE FUNCTIONING OF

THE EUROPEAN UNION 341

CHARTER OF FUNDAMENTAL RIGHTS OF

THE EUROPEAN UNION 2095

Index 2265
 Contents

Notes on Contributors xix

Abbreviations xxiii
Table of Cases xxxiii
Table of Legislation cxiii

TREATY ON EUROPEAN UNION 1

PREAMBLE 3
TITLE I COMMON PROVISIONS 5
Introduction Marcus Klamert 5
Article 1 Marcus Klamert 7
Article 2 Marcus Klamert and Dimitry Kochenov 22
Articles 3–​5 Marcus Klamert 31
Article 6 Tobias Lock 79
Articles 7–​8 Dimitry Kochenov 88
TITLE II PROVISIONS ON DEMOCRATIC PRINCIPLES 103
Introduction Tobias Lock 103
Article 9 Dimitry Kochenov and Tobias Lock 105
Articles 10–​12 Tobias Lock 108
TITLE III PROVISIONS ON THE INSTITUTIONS 124
Introduction Paul-​John Loewenthal 124
Articles 13–​18 Paul-​John Loewenthal 126
Article 19 Marcus Klamert and Bernhard Schima 172
TITLE IV PROVISIONS ON ENHANCED COOPERATION 189
Article 20 Manuel Kellerbauer 192
TITLE V GENERAL PROVISIONS ON THE UNION’S
EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE
COMMON FOREIGN AND SECURITY POLICY 197
Chapter 1 General provisions on the Union’s external action 198
Articles 21–​22 Thomas Ramopoulos 200
Chapter 2 Specific provisions on the common foreign and security policy 208
Introduction Thomas Ramopoulos 208
Section 1 Common provisions 209
Articles 23–​41 Thomas Ramopoulos 212
Section 2 Provisions on the common security and defence policy  272
Introduction Thomas Ramopoulos 272
Articles 42–​46 Thomas Ramopoulos 276
xii Contents

TITLE VI FINAL PROVISIONS 298

Article 47 Marcus Klamert 299
Article 48 Marcus Klamert 302
Articles 49–​50 Friedrich Erlbacher 311
Article 51 Marcus Klamert 332
Article 52 Dimitry Kochenov 334
Articles 53–​55 Marcus Klamert 337

TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION 341

PREAMBLE  347

PART ONE PRINCIPLES 348

Article 1 Marcus Klamert 349
TITLE I CATEGORIES AND AREAS OF UNION COMPETENCE 351
Introduction Marcus Klamert 351
Articles 2–​6 Marcus Klamert 353
TITLE II PROVISIONS HAVING GENERAL APPLICATION 377
Introduction Marcus Klamert 377
Articles 7–​13 Marcus Klamert 380
Article 14 Tim Maxian Rusche 391
Articles 15–​17 Marcus Klamert 397

PART TWO NON-​DISCRIMINATION AND CITIZENSHIP OF THE UNION 412

Introduction Denis Martin 412
Articles 18–​24 Denis Martin 413
Article 25 Dimitry Kochenov 462

PART THREE UNION POLICIES AND INTERNAL ACTIONS 463

TITLE I THE INTERNAL MARKET 463
Article 26 Marcus Klamert and Alexandre-Xavier-Pierre Lewis 464
Article 27 Marcus Klamert 475
TITLE II FREE MOVEMENT OF GOODS 477
Article 28 Marcus Klamert and Alexandre-Xavier-Pierre Lewis 478
Article 29 Marcus Klamert 487
Chapter 1 The customs union 492
Introduction Bernd-​Roland Killmann 492
Articles 30–​32 Bernd-​Roland Killmann 493
Chapter 2 Customs cooperation 499
Article 33 Bernd-​Roland Killmann 499
Chapter 3 Prohibition of quantitative restrictions between Member States 502
Introduction Marcus Klamert, Maria Moustakali, and Jonathan Tomkin 502
Articles 34–​37 Marcus Klamert, Maria Moustakali, and Jonathan Tomkin 504

 Contents xiii

TITLE III AGRICULTURE AND FISHERIES 544

Articles 38–​44 André Bouquet, Friedrich Erlbacher, and
Alexandre-Xavier-Pierre Lewis 546
TITLE IV FREE MOVEMENT OF PERSONS, SERVICES
AND CAPITAL 604
Chapter 1 Workers 604
Introduction Denis Martin 604
Article 45 Manuel Kellerbauer and Denis Martin 607
Articles 46–​48 Denis Martin 634
Chapter 2 Right of establishment 647
Introduction Jonathan Tomkin 647
Articles 49–​55 Jonathan Tomkin 650
Chapter 3 Freedom to provide services 702
Introduction Jonathan Tomkin 702
Articles 56–​62 Jonathan Tomkin 705
Chapter 4 Capital and payments 743
Introduction Jonathan Tomkin 743
Articles 63–​66 Audronė Steiblytė and Jonathan Tomkin 746
TITLE V AREA OF FREEDOM, SECURITY AND JUSTICE 776
Introduction Wolfgang Bogensberger 776
Chapter 1 General provisions 779
Introduction Michael Wilderspin 779
Articles 67–​70 Michael Wilderspin 783
Articles 71–​73 Manuel Kellerbauer 789
Articles 74 Michael Wilderspin 793
Articles 75–​76 Manuel Kellerbauer 794
Chapter 2 Policies on border checks, asylum and immigration 799
Introduction Michael Wilderspin 799
Articles 77–​80 Michael Wilderspin 802
Chapter 3 Judicial cooperation in civil matters 852
Introduction Michael Wilderspin 852
Article 81 Michael Wilderspin 853
Chapter 4 Judicial cooperation in criminal matters 870
Introduction Wolfgang Bogensberger 870
Articles 82–​86 Wolfgang Bogensberger 875
Chapter 5 Police cooperation 923
Introduction Wolfgang Bogensberger 923
Articles 87–​89 Wolfgang Bogensberger 925
TITLE VI TRANSPORT 939
Introduction Tim Maxian Rusche 939
Articles 90–​100 Tim Maxian Rusche 941

xiv Contents

TITLE VII COMMON RULES ON COMPETITION, TAXATION

AND APPROXIMATION OF LAWS 992
Chapter 1 Rules on competition 992
Introduction Manuel Kellerbauer 992
Section 1 Rules applying to undertakings  994
Introduction Manuel Kellerbauer 994
Article 101 Gero Meeßen 998
Article 102 Manuel Kellerbauer 1037
Article 103 Manuel Kellerbauer and Gero Meeßen 1059
Articles 104–​105 Manuel Kellerbauer 1086
Article 106 Manuel Kellerbauer and Tim Maxian Rusche 1088
Section 2 Aids granted by States  1111
Articles 107–​109 Tim Maxian Rusche 1111
Chapter 2 Tax provisions 1219
Introduction Manuel Kellerbauer 1219
Articles 110–​113 Manuel Kellerbauer 1221
Chapter 3 Approximation of laws 1231
Introduction Manuel Kellerbauer 1231
Articles 114–​118 Manuel Kellerbauer 1235
TITLE VIII ECONOMIC AND MONETARY POLICY 1270
Introduction Leo Flynn 1270
Article 119 Leo Flynn 1272
Chapter 1 Economic policy 1274
Articles 120–​126 Leo Flynn 1275
Chapter 2 Monetary policy 1298
Articles 127–​133 Leo Flynn 1299
Chapter 3 Institutional provisions 1315
Articles 134–​135 Leo Flynn 1316
Chapter 4 Provisions specific to Member States whose currency is the euro 1319
Articles 136–​138 Leo Flynn 1320
Chapter 5 Transitional provisions 1326
Articles 139–​144 Leo Flynn 1327
TITLE IX EMPLOYMENT 1338
Introduction Sacha Garben 1338
Articles 145–​150 Sacha Garben 1341
TITLE X SOCIAL POLICY 1352
Introduction Sacha Garben 1352
Articles 151–​156 Sacha Garben 1354
Article 157 Denis Martin 1401
Articles 158–​161 Sacha Garben 1415


 Contents xv

TITLE XI THE EUROPEAN SOCIAL FUND 1419

Introduction Leo Flynn 1419
Articles 162–​164 Leo Flynn 1420
TITLE XII EDUCATION, VOCATIONAL TRAINING,
YOUTH AND SPORT 1423
Introduction Sacha Garben 1423
Articles 165–​166 Sacha Garben 1424
TITLE XIII CULTURE 1439
Article 167 Sacha Garben 1439
TITLE XIV PUBLIC HEALTH 1445
Article 168 Sacha Garben 1445
TITLE XV CONSUMER PROTECTION 1456
Article 169 Sacha Garben 1456
TITLE XVI TRANS-​EUROPEAN NETWORKS 1467
Introduction Dimitry Kochenov 1467
Articles 170–​172 Dimitry Kochenov 1468
TITLE XVII INDUSTRY 1472
Article 173 Manuel Kellerbauer 1472
TITLE XVIII ECONOMIC, SOCIAL AND TERRITORIAL COHESION 1476
Introduction Leo Flynn 1476
Articles 174–​178 Leo Flynn 1478
TITLE XIX RESEARCH AND TECHNOLOGICAL
DEVELOPMENT AND SPACE 1491
Introduction Sacha Garben 1491
Articles 179–​190 Sacha Garben 1494
TITLE XX ENVIRONMENT 1512
Introduction Sacha Garben 1512
Articles 191–​193 Sacha Garben 1516
TITLE XXI ENERGY 1547
Article 194 Sacha Garben 1547
TITLE XXII TOURISM 1554
Article 195 Sacha Garben 1554
TITLE XXIII CIVIL PROTECTION 1556
Article 196 Sacha Garben 1556
TITLE XXIV ADMINISTRATIVE COOPERATION 1559
Article 197 Sacha Garben 1559

PART FOUR ASSOCIATION OF THE OVERSEAS COUNTRIES

AND TERRITORIES 1562
Introduction Dimitry Kochenov 1562
Articles 198–​204 Dimitry Kochenov 1565


xvi Contents

PART FIVE EXTERNAL ACTION BY THE UNION 1580

TITLE I THE UNION’S EXTERNAL ACTION 1581
Article 205 Friedrich Erlbacher and Tim Maxian Rusche 1582
TITLE II COMMON COMMERCIAL POLICY 1585
Articles 206–​207 Friedrich Erlbacher and Tim Maxian Rusche 1585
TITLE III COOPERATION WITH THIRD COUNTRIES
AND HUMANITARIAN AID 1606
Introduction Friedrich Erlbacher and Marcus Klamert 1606
Chapter 1 Development cooperation 1610
Articles 208–​211 Marcus Klamert 1610
Chapter 2 Economic, financial and technical cooperation with third countries 1619
Articles 212–​213 Friedrich Erlbacher 1619
Chapter 3 Humanitarian aid 1626
Article 214 Friedrich Erlbacher 1626
TITLE IV RESTRICTIVE MEASURES 1631
Article 215 Friedrich Erlbacher 1631
TITLE V INTERNATIONAL AGREEMENTS 1642
Introduction Friedrich Erlbacher 1642
Articles 216–​219 Friedrich Erlbacher 1643
TITLE VI THE UNION’S RELATIONS WITH INTERNATIONAL
ORGANISATIONS AND THIRD COUNTRIES AND UNION
DELEGATIONS 1676
Articles 220–​221 Friedrich Erlbacher 1676
TITLE VII SOLIDARITY CLAUSE 1690
Article 222 Friedrich Erlbacher 1690

PART SIX INSTITUTIONAL AND FINANCIAL PROVISIONS 1697

TITLE I INSTITUTIONAL PROVISIONS 1697
Chapter 1 The institutions 1697
Introduction Paul-​John Loewenthal 1697
Section 1 The European Parliament  1698
Articles 223–​234 Paul-​John Loewenthal 1700
Section 2 The European Council  1724
Articles 235–​236 Paul-​John Loewenthal 1725
Section 3 The Council  1728
Articles 237–​243 Paul-​John Loewenthal 1729
Section 4 The Commission  1739
Articles 244–​250 Paul-​John Loewenthal 1740
Section 5 The Court of Justice of the European Union  1748
Introduction Bernhard Schima 1748
Articles 251–​281 Bernhard Schima 1751
Section 6 The European Central Bank  1879

 Contents xvii

Articles 282–​284 Leo Flynn 1880

Section 7 The Court of Auditors  1886
Articles 285–​287 Leo Flynn 1887
Chapter 2 Legal acts of the Union, adoption procedures and other provisions 1893
Introduction Paul-​John Loewenthal 1893
Section 1 The legal acts of the Union  1895
Article 288 Marcus Klamert and Paul-​John Loewenthal 1895
Articles 289–​292 Paul-​John Loewenthal 1911
Section 2 Procedures for the adoption of acts and other provisions  1934
Articles 293–​299 Paul-​John Loewenthal 1934
Chapter 3 The Union’s advisory bodies 1953
Article 300 Marcus Klamert 1954
Section 1 The Economic and Social Committee  1959
Articles 301–​304 Marcus Klamert 1959
Section 2 The Committee of the Regions  1963
Articles 305–​307 Marcus Klamert 1963
Chapter 4 The European Investment Bank 1967
Articles 308–​309 Leo Flynn 1968
TITLE II FINANCIAL PROVISIONS 1972
Introduction Bernd-​Roland Killmann 1972
Article 310 Bernd-​Roland Killmann 1975
Chapter 1 The Union’s own resources 1977
Article 311 Bernd-​Roland Killmann 1977
Chapter 2 The multiannual financial framework 1980
Article 312 Bernd-​Roland Killmann 1980
Chapter 3 The Union’s annual budget 1982
Articles 313–​316 Bernd-​Roland Killmann 1982
Chapter 4 Implementation of the budget and discharge 1988
Articles 317–​319 Bernd-​Roland Killmann 1988
Chapter 5 Common provisions 1992
Articles 320–​324 Bernd-​Roland Killmann 1992
Chapter 6 Combatting fraud 1998
Article 325 Bernd-​Roland Killmann 1998
TITLE III ENHANCED COOPERATION 2003
Articles 326–​334 Manuel Kellerbauer 2004

PART SEVEN GENERAL AND FINAL PROVISIONS 2016

Articles 335–​336 Marcus Klamert 2018
Articles 337–​342 Manuel Kellerbauer 2022
Articles 343–​345 Marcus Klamert 2044
Articles 346–​348 Manuel Kellerbauer 2050

xviii Contents

Article 349 Dimitry Kochenov 2058

Article 350 Marcus Klamert 2063
Articles 351–​352 Manuel Kellerbauer and Marcus Klamert 2065
Article 353 Marcus Klamert 2080
Articles 354–​355 Dimitry Kochenov 2081
Articles 356–​358 Marcus Klamert 2092

CHARTER OF FUNDAMENTAL RIGHTS OF

THE EUROPEAN UNION 2095
PREAMBLE  2097
TITLE I DIGNITY 2098
Introduction Tobias Lock 2098
Articles 1–​5 Tobias Lock 2099
TITLE II FREEDOMS 2110
Introduction Tobias Lock 2110
Articles 6–​19 Tobias Lock 2111
TITLE III EQUALITY 2158
Introduction Jonathan Tomkin 2158
Articles 20–​21 Denis Martin 2161
Article 22 Tobias Lock 2168
Article 23 Denis Martin 2170
Article 24 Tobias Lock 2173
Articles 25–​26 Denis Martin 2176
TITLE IV SOLIDARITY 2178
Introduction Tobias Lock 2178
Articles 27–​33 Tobias Lock 2180
Article 34 Denis Martin 2194
Articles 35–​38 Tobias Lock 2195
TITLE V CITIZENS’ RIGHTS 2200
Introduction Jonathan Tomkin 2200
Articles 39–​40 Denis Martin 2202
Articles 41–​42 Tobias Lock 2204
Articles 43–​46 Denis Martin 2209
TITLE VI JUSTICE 2213
Introduction Tobias Lock 2213
Article 47 Tobias Lock and Denis Martin 2214
Articles 48–​50 Tobias Lock 2227
TITLE VII GENERAL PROVISIONS GOVERNING THE
INTERPRETATION AND APPLICATION OF THE CHARTER 2241
Articles 51–​54 Tobias Lock 2241

Index 2265

 Notes on Contributors

Wolfgang Bogensberger is Deputy Head of the Representation of the European

Commission in Austria. Previously, he was a judge at the Juvenile Justice Court in Vienna,
a Director General at the Austrian Ministry of Justice, a principal administrator in the
secretariat of the Committee on Civil Liberties, Justice and Home Affairs in the European
Parliament, and a Legal Advisor at the Legal Service of the European Commission. He
has represented the Commission in numerous cases before the CJEU, predominantly in
criminal matters. He holds doctorates in law and in philosophy and a postgraduate dip-
loma in European law. He has published in the field of domestic and European criminal
law and lectures on fundamental rights at the Sigmund Freud University in Vienna.
André Bouquet is a Legal Adviser at the Legal Service of the European Commission
(CFSP and External Relations Team). Previously he was Member and thereafter acting
head of the Agriculture and Fisheries team, and before that he was Member of the
Competition team. Prior to joining the Legal Service he worked at the Euratom Supply
Agency, dealing inter alia with legal matters. He appears regularly before the European
Court of Justice, predominantly in matters related to competition, fisheries, agriculture
and interinstitutional dispute affairs as well as in international litigation cases (ITLOS
and UNCLOS arbitration). Before working at the European Commission he practiced
law at the Brussels and Antwerp Bar. He has published and lectured in the field of nuclear
law (Euratom Treaty), competition and fisheries.
Friedrich Erlbacher is a Legal Adviser at the Legal Service of the European Commission
(Institutional Team). He is a former Legal Secretary (Référendaire) at the General Court
of the European Union. He has published and lectured extensively in various fields
including external relations, judicial protection, and state aid.
Leo Flynn is a Legal Adviser at the Legal Service of the European Commission
(Eurozone Team). Before joining the Legal Service in 2002, he worked as Legal Secretary
(Référendaire) at the Court of Justice and lectured at King’s College London, where he
now is a visiting Professor at its Centre for European Law. He has written widely on
Union law, especially on State aid, social policy, and Union law in national courts.
Sacha Garben is Professor of EU law at the College of Europe and on leave from the
European Commission. As well as a prize-winning PhD from the European University
Institute (Florence), she holds an LLM from the College of Europe and a Master’s degree
from the University of Maastricht. She has held a 2-year postdoctoral fellowship with the
London School of Economics as well as a visiting fellowship from Harvard Law School.
She has published extensively on a range of constitutional and substantive EU law issues,
including the division of competences between the EU and the Member States, Social
Europe and European higher education law and policy.
Manuel Kellerbauer is a Member of the Legal Service of the European Commission
(CFSP and External Affairs Team). He appears regularly before the European Court
of Justice, predominantly in matters related to competition, internal market and social
Another random document with
no related content on Scribd:
will be to learn the "wrist-action," as he calls it, which he
thinks so much of.

His touch is just splendid. He seems to bring something

out of the piano which I never knew before to be in it. All
day long I have been hearing the ring of those wonderful
octaves and chords,—almost more exciting than the thought
of my book. It has been very hard to settle down to
anything else, and trying to write was a sham.

Wasn't it odd? I was going into the drawing-room to-

day, and I overheard Mother say—

"Gladys is very much pleased with her new music-

master."

"Placidly pleased," Uncle Tom said, and he laughed,

while Ramsay added—

"Oh, that's all one must expect. Nothing excites

Gladys."

And I turned and ran away. I felt so stupidly hurt, I

could have cried. It was stupid, for I shouldn't at all like any
one to know just exactly how I do feel, and yet one does
wish to be understood. It has made me think how very little
one person can know of another's inside, merely from his or
her outside,—and how easily I may be mistaken in others,
just as they are mistaken in me!

By-the-bye, I must be very careful not to say much

about the book before Maggie; for it might not seem kind.
She has had her MS. sent back by a second publisher. I do
wish she would take a little more trouble to do well, so as to
give herself a fair chance.
 She has an idea now of writing to some well-known
authoress, to ask for advice about getting a book published,
and for an opinion on her story. Miss Millington has put this
into Maggie's head. Miss Millington says young authors
often do it. I wonder if that is true. I never thought of trying
such a plan; and I can't fancy that it could make much
difference in the end. For, after all, one must go, sooner or
later, to publishers and editors. Still, perhaps she will get a
little advice of some sort.

July 28. Tuesday.—The Romillys are off; and I feel a

great deal more flat and dismal than I expected. Glynde
House looks so frightfully empty. I can't bear to walk past it.

We have not had a comfortable day: for Ramsay is in a

mood to rub everybody the wrong way. Because of Miss
Con, I suppose. Mother says, "Poor Ramsay!" While I am
afraid I feel more like saying, "Poor Gladys!" For when he is
like this, he makes me cross too.

Mother spoke to me this evening about giving way to

temper: and I know she is right. Another person's ill-
humours are no excuse for me. But it is very difficult. If
only people would be reasonable and sensible.

I do want not to grow horrid and conceited, just

because I have had a little success. And that, of course, is a
real danger. If I were not the least proud, I shouldn't mind
so much the things he says. And of course I ought to think
of his lameness, and of what a trial it must be to a boy not
to play at cricket and football, or to run races and do
everything like other boys. It wouldn't matter so much for a
girl, but for a boy it really is dreadful. Yet when he worries
me, I don't remember that, I only think of defending
myself.

Nellie wrote so sweetly in her last letter. She said, "You

know, darling Gladys, I am not clever, and I shouldn't like
you to think me preaching, but still I do hope that having
this work given you to do for Jesus will make you keep very
close to Him."

And oh, I do hope the same! For it is work for Jesus,—

though I am afraid some of it is for myself too, because I do
so love writing, and I do so like what it brings. But He does
give me the work to do; and I want it to be for Him; and I
want to honour Him. I must pray to be able to keep silent
when I feel vexed.

July 29. Wednesday.—Such a thing has happened,—and

I am very unhappy. And yet I am so thankful that darling
Nellie herself is not hurt.

Just before breakfast this morning a telegram came for

Mother. It was from Nellie. She and Mrs. Romilly have just
reached Cologne, where we knew they were going for a few
days on their way farther North. The telegram is from a
Cologne hotel, and it says—

"Please break news to father, railway accident, Mother

much hurt, will Eustace come?"

And that is all. Not a word about whether she is in

danger or not. But we all know that it must mean danger.
Nellie would never frighten Mr. Romilly without good reason,
—or send for Eustace.
 The telegram seems to have been delayed, for Uncle
Tom says it certainly ought to have come sooner, and that is
so unfortunate, for it might just have caught Mr. Romilly.

The question was what to do. Uncle Tom would have

gone straight up to London, but it was impossible that he
should arrive before they had all left for Yorkshire. So a
telegram was sent to Miss Con, repeating Nellie's words,
and asking her to break it. Uncle Tom also telegraphed to
somebody in the hotel, begging to hear at once whether the
other telegram had arrived in time.

But it did not. The Romillys were off first. So then Uncle
Tom sent another copy of the same telegram to the station
where we believed they would stop for lunch, and a second
copy to Beckdale Station, which is some miles off from
Beckdale House.

All day long we have been waiting for a reply. It has

been impossible to do much of anything. Of course the
children's lessons had to go on: and I took out my writing
just as usual, because I am determined not to get into the
way of being a slave to moods. But I couldn't get a single
page done, worth keeping. And every time a bell rang, one
of us ran into the passage.

We are afraid now that they will not know what has
happened, till they get to Beckdale Station. If the first
telegram had reached them, we must have heard before
this.

It is a comfort to know that Eustace has joined them in

London. But what will poor Mr. Romilly do? And to think of
Nellie, all this time alone with Mrs. Romilly among
strangers,—Mrs. Romilly perhaps dangerously ill, and only
one English maid there to be any help. It does seem very
terrible. Only I know how brave darling Nellie is, and how
she forgets herself and always seems to lean upon God,
when she is in any difficulty.

July 30. Thursday.—Quite late last night, after we had

all gone to bed, a telegram came from Miss Con. Mother
slipped into my room, to tell me, if I should be awake: and I
was. It was dated from Beckdale Station, and it only said—

"News received, Mr. R. and E. off at once to Cologne,

rest of us go to Beckdale."

I shouldn't have expected Mr. Romilly to show so much

spirit; but it seems quite right. Uncle Tom has been looking
out about trains, and he finds that Mr. Romilly and Eustace
could come south by a return-train from Beckdale Station,
not long after they got there. Most likely that is what they
have done.

CHAPTER XIX.
A MOUNTAIN STATION.

CONSTANCE CONWAY'S JOURNAL.

July 30. Thursday.

 I SHALL never forget our arrival at Beckdale Station
yesterday.

Everybody was in the highest spirits,—that is to say, the

highest of which each was capable,—charmed with the
glimpses of mountain scenery which we had during the last
hour or so of our journey. Clouds hung rather low, shutting
off the summits; but I don't know that this did not make the
views only more Impressive. For imagination was free to
add unknown altitudes, and a touch of mystery always gives
sublimity,—not alone in landscapes.

Fine rain had begun to fall when we reached Beckdale

Station, and the wind was gusty enough to send Nona's hat
bowling along the platform. Of course a chase took place,
with much laughter. The luggage was bundled out from the
van; and we found a waggonette and dog-cart in waiting,
besides two carts for the luggage.

Privately I wondered how we were all to pack into these

two vehicles, for a drive of five or six miles; but I would not
suggest difficulties, and after all the waggonette was a very
roomy one. Mr. Romilly seemed greatly disturbed at the
thought of a dog-cart for any of his party: two-wheelers
being his pet aversion: and he also showed alarm about the
steep descent before us. For the line of rail by which we had
come, since our latest change, had gradually ascended to
quite a respectable height on the mountain-sides, and a
particularly rugged road led downward from the station into
the valley,—Beckdale Station being at the head or upper
end of the long valley or dale wherein our "summer
residence" is situated.

Poor Mr. Romilly! He fidgeted up and down the platform,

counting his packages, bemoaning the deploring his choice
of this route, dolefully wondering how we should ever reach
Beckdale House. I am afraid I must confess to a sense of
amusement. Naturally I have not much sympathy with the
state of mind which insists on manufacturing troubles out of
nothing. Yet I hardly know whether any weakness is more
deserving of pity than this,—just because it is so distinctly a
character-weakness as to be seldom recognised as such by
its possessor, and therefore seldom really cured.

For two or three minutes I listened; and then I forgot all

about Mr. Romilly, standing outside the station-shelter. The
rain drove against me in fine sheets, like spray; but what
did that matter? I was revelling in my first view of
mountains. Bath hills I know well, but aught like this I have
never seen before.

Beyond the valley, on either side, there rose wild grey

heights, capped by stormy grey clouds which seemed to
drop long trains or fringes into every gorge and cleft. I think
it was the wildness, the greyness, the lonely and solemn
unworldliness of the scene, which told upon me most. The
stately march of those cloud-battalions over the mountain-
tops was grandly indescribable. I seemed to be gaining a
glimpse of something high and pure, far removed from the
littlenesses of everyday life. This small station and our tiny
selves were a mere accessory—almost a mistake.

Then all at once everyday life came back to me. For

somebody stepped up, and put a telegram-envelope into my
hand.

I thought of Albinia instantly—Albinia as ill, or perhaps

suddenly widowed. She would want me in London. Could I
go, or was I tied to my duties at Beckdale? These questions
flashed past while I opened the envelope. Elfie was close to
my side,—I had not seen her before,—and her dusky eyes
grew large with ready sympathy, as she murmured, "Poor
Miss Con! I hope it isn't anything the matter with anybody."

Anybody belonging to me, she meant. But at once I

saw.

"Elfie dear, I must speak to your father," I said quietly.

"You and Nona had better put on your waterproofs
meantime, for it is raining."

I have not the least idea how I managed to evade

inquiries, and to get into the waiting-room, alone with Mr.
Romilly and his eldest son. That came about somehow,—
Elfie assisting, under the evident impression that I had
some trouble of my own to communicate. And then I broke
the news.

Telegrams tell so cruelly little,—I have always felt this,

yet never so keenly as when I stood in the little bare
waiting-room, with the slip of paper in my hand, and those
two faces looking anxiously for more—more! A railway
accident,—of what kind we do not know; Mrs. Romilly
"much hurt,"—how much we cannot guess; Eustace wanted
there,—for what purpose we are not informed. Cologne so
far-away too. The telegram went first to the Hepburns, and
Mr. Hepburn has forwarded the sad news to me.

Eustace heard with his usual gravity; and somehow the

shock to Mr. Romilly seemed less than I had expected. He
did not lose his presence of mind, and there was not half so
much fretting over this real calamity as over the minor
worries of the journey. He said sighingly, "Poor dear
Gertrude!" And then—"But I think—er—our duty is quite
plain. Pray inquire about trains, my dear boy. I think—er—
you and I should be off with—er—as little delay as possible.
Yes, at once—er,—no need to go on to Beckdale. I could
never forgive myself, if—er—if anything happened, and I
had remained here. And Miss Con will undertake—er—the
entire management—er—"

He came to a helpless pause.

"Yes, father," assented Eustace.

"I think—er—Phipps must accompany us,—yes,

certainly—er—I cannot manage without Phipps." He sighed
again dolefully. "It is a severe strain—er—in my health. But
the call is urgent—er—undoubtedly urgent. Your dear
mother is 'much hurt,' Nellie says,—and whatever that may
mean—er—my duty is, I think—plain."

The thought flashed across me, quite wickedly, that

poor little Mr. Romilly was by no means sorry to escape
"that frightful descent," as he termed the road from the
station. I cannot, of course, calmly let myself suppose that
he thought of this at all: but the idea did intrude.

"Perhaps—" he went on,—"perhaps it would be best,

Miss Conway—er,—if you could be so very kind as to call the
girls—I think it might be as well to explain—"

I obeyed with no delay, and Eustace disappeared also,

doubtless to make other arrangements. Denham was
outside, and he rushed off at my request to collect his
sisters.

"Your father has heard from abroad," I said in an

undertone. "Yes,—not quite good news; but don't frighten
any one. Only ask them all to come to the waiting-room."

I saw a general move at once in the right direction, and

went back myself to Mr. Romilly.
 Maggie entered first, rosy and laughing, her arm
through Miss Millington's,—then the twins and the little
ones, followed by Thyrza and Denham.

"My dears—er—something very sad has happened—er—

very sad indeed," Mr. Romilly began, his delicate lips
trembling like those of a distressed child. He launched into a
long and hesitating speech, which I would fain have cut
short, had it been in my power. "Your beloved mother," and
"our dear Nellie," alternated with unhappy conjectures and
dismally-expressed hopes. He read the telegram aloud, and
enlarged upon it piecemeal. Then he explained that he and
Eustace, with Phipps, would start immediately—at once—
that very evening—for London; going thence as fast as
possible to Cologne, where he hoped—er—trusted—er—to
find their precious invalid on a fair road to recovery-er.
Meanwhile—er—they were all to be dear good girls—er—and
to do exactly what their mother's friend, Miss Conway,
desired—er. He was sure he could depend upon Miss
Conway to undertake—er—all responsibility.

Eustace bent lower at this point, and said something to

him in a low voice. I had not till then noticed the return of
Eustace, and I could not hear what he said; but Mr. Romilly
nodded.

"Yes, you are right, my dear boy. It is necessary—that

one should be at the head,—in case—er—my absence
should be at all prolonged. Maggie is—er—unfortunately too
young. You understand, my dear children—all of you—" he
looked at Miss Millington among the rest,—"that during my
absence I leave—er—Miss Conway entirely responsible—and
with full authority. Yes,—with full authority—er. I wish—er—
everything to be referred to Miss Conway,—and I expect—er
—implicit obedience to her." His eyes ran over the group.
"Thyrza—you understand? If difficulties occur, the decision
will—er—will rest with Miss Conway. You understand me,
Thyrza?" He seemed to count Thyrza the only one likely to
resist my authority, whereas I knew her to be the one who
would most steadfastly uphold it.

"Yes, father," she answered. "Then I suppose Miss

Conway will have the housekeeping too."

Maggie and Miss Millington exchanged looks. Mr.

Romilly's face fell into a helpless set.

"I really—er—hardly know," he said feebly. "That is—er

—I think—er—a matter which I must leave you to—er—
settle among yourselves."

"It is unimportant—" I began; but Eustace interrupted

me—

"I beg your pardon, Miss Conway. I think Thyrza is

right. There ought to be no possibility of a mistake. While
my father is away you are, by his appointment, distinctly
and unequivocally head of the household. This includes
housekeeping. A divided authority cannot work well. For the
time, Maggie must be content to count herself one of the
girls,—subject to you. Do you not agree with me, father?"

Maggie made no protest. She only looked prettily

downcast and pensive. Mr. Romilly sighed at being appealed
to, and endorsed his son's words, though not very
emphatically. Then he went back to the telegram, and
discussed anew its meaning, with divers conjectures as to
the nature of the accident.

I do not know whether all this slow speechifying

stupefied the girls as it stupefied me. They listened for the
most part in submissive silence. Maggie's cheeks had not
lost their bloom: and though she grew serious, I am not
sure that the question of household authority did not form
the leading topic in her mind. Thyrza's face settled into a
rigid unhappiness, and Nona's eyes filled repeatedly with
tears. Elfie was the one I had feared for most; and, strange
to say, Elfie seemed the slowest of all to take alarm.
Gradually, however, a pinched misery came over her, and
the large eyes wandered about despairingly.

Eustace made use of the first pause to speak about

trains: and then I found Elfie by my side. She clutched one
of my hands, and muttered, "Can't we go? Don't let
anybody say any more."

"We will get off as soon as possible," I whispered. "Try

to be brave, Elfie. You know we may hope for brighter news
to-morrow."

"Oh, I don't know,—only don't talk,—don't let anybody

speak. Please!—please!" And she wrung her hands.

I sent her out on the platform, and had a few words

with Eustace, obtaining his help. My aim was, if I could, to
keep Elfie away from the chatterers. After some discussion,
she and I were allowed to mount the front of the dog-cart,
with only Thyrza and packages occupying the back-seat.
The remainder of our Beckdale party were packed into the
waggonette.

Once in the course of these arrangements, I found

Eustace by my side, saying something which he evidently
meant to be unheard by others.

"My father has asked me to give you these for

immediate use," he observed first: and I found bank-notes
and gold in my hand. "We will write, authorising you to
draw, if needful, on the bank for more,—if our stay should
be of any length." Then came a grateful—"It is very good of
you! We are asking you to undertake a great deal!"

"I am most glad to do all in my power," I said. "Yes, the

responsibility is heavy; I wish I had had more experience."

"It always seems that you must have had so much. But
I want to say one word. I think the girls will behave well,
and not give trouble;—still, if any difficulty should arise,
there is always Lady Denham. You could not do harm by
appealing to her. And pray write freely to Nellie. She never
makes mischief."

"Thank you very much," I said, and his warm hand-

shake was a surprise. Generally he is so undemonstrative.

It is well that these few words passed between us, for

certainly I should not have thought of Lady Denham in the
event of any difficulty. My impulse would rather have been
to appeal to Mrs. Hepburn. But evidently such an idea never
occurred to Eustace: and of course the Denhams are much
older friends.

"We shall send you news as soon as possible," Eustace

said, while tucking the wrapper well in round Elfie and me.
"Don't fret, dear;" and he kissed her cold cheek.

I was struck with his unusual freedom and almost

cheerfulness of manner. I fancy it arose from a certain
gratification in finding himself for once necessary to his
father, and useful to all of us.

"Don't fret," he repeated. "Nellie was right to send for

me: but you see, she did not mention my father, and she
would have been pretty sure to do that, if there were any
real cause for anxiety. Don't you think so?"
 Elfie tried to smile, and to say, "Yes."

CHAPTER XX.
AND A YORKSHIRE DALE.

THE SAME—continued.

OUR dog-cart took the lead, descending first the steep

and rugged road which led from the station, our driver
walking at the horse's head. I found that the waggonette
was Mr. Romilly's property, but that the dog-cart was hired,
—said driver being its owner, a kind and fatherly old farmer,
living near Beckdale House. He and his will be our nearest
neighbours here, I imagine.

Rain still fell, though not heavily; and it soon ceased,

for which I was not sorry. We could not hold up umbrellas.
The wind came in blasts.

Elfie would in a general way have been nervous to the

last degree about so abrupt a descent; but she scarcely
seemed to notice it. Her whole mind was with her mother.
The horse planted his feet slowly and with caution, his great
haunches going down in successive jerks. I could hear little
cries and exclamations of half-simulated half-real alarm
from the waggonette: yet no sound came from Elfie.
 It was getting very dusky, for we had been long at the
station. I was able, however, to see distinctly the small
sharp face leaning against me, whitey-brown in hue, with
wide-open terror-stricken eyes fixed on vacancy; and the
chill of Elfie's clasping fingers came through her gloves and
mine. I did not speak to her, however. I knew she would
rather be let alone.

The very steep hillside safely over, our drivers mounted,

and we bowled along a good road, still indeed descending,
but often so gently that one scarcely perceived the fact.

Dusky hills or perhaps mountains rose high on either

side of the long narrow dale through which our way led us:
and to our left a brawling stream rushed downward from
the dale-head. My attention was riveted, as the road
brought us near. I have never before seen a genuine
mountain-torrent. The seeing was indeed partial; but the
swirl of white foam gleamed weirdly through semi-darkness,
and the roar of small waterfalls over opposing boulders
came to my ears like grand chords of Nature's music.

I looked to discover if Elfie were able to enjoy all this;

but no, she had not stirred, and the fixed eyes were blank,
as of one whose thoughts are turned entirely inward.

Then I glanced back, to catch a glimpse of Thyrza's

straight characteristic profile—she has the best profile of
any one in the family—and she turned, as if from a
simultaneous impulse, to glance at me, her lips parted, her
eyes shining, her whole face softened into a rare new
beauty. I was so glad that enough light remained for me to
gain a clear view of her at that moment. It was a fresh
glimpse of Thyrza's real self.
 "You like this?" I breathed, leaning back to speak, and
she said—

"Oh, it is splendid!"

I do not think any more passed between us. One cannot

always talk when one feels the most.

Now and then the farmer, Mr. Stockmoor, and I

exchanged a few words across the silent Elfie. I found his
Yorkshire dialect less difficult to understand than I should
have expected; but doubtless many speak far more broadly.
He told me that there has been heavy rain lately, so the
river is unusually full. Also I learnt that the Dale is
somewhere about ten miles long; and that Beckdale House
occupies a position over six miles from the Head, and
between three and four from the farther and lower end,
where is situated the small town of Beckbergh. We might
have gone to Beckbergh Station, had it been so willed, but
an extra change of trains would have been involved thereby,
and Mr. Romilly has a mortal aversion to changes. I suspect,
however, that he will prefer to endure any number in future,
rather than commit himself to the horrors of "that frightful
descent."

The six miles seemed short to me, and I think to Thyrza

also, with such surroundings to study. July twilight,
especially in the north, is not very profound, or very quick
to deepen into darkness.

I could hardly believe that the drive was ended, when

we found ourselves entering a garden-gate and immediately
stopping before a house,—"t' hoose" our new friend called
it,—grown thickly over with creepers. It stood very close to
the road, and was a less imposing edifice than I had
perhaps expected.
 Rouse opened the door; and I explained to her at once,
briefly, how things were. Though I did not exactly state my
new position in the household, she seemed in a measure to
understand, appealing to me as well as to Maggie in respect
of sleeping arrangements. After Glynde House, the rooms
appeared limited both in number and size. Rouse had
settled matters to the best of her ability, and I thought
wisely: but Maggie at once proposed a bouleversement of
the whole. She objected to the room set apart for her use
and Thyrza's, declined to fall in with my suggestion that she
should for the present occupy the best bedroom,
complained that Miss Millington's was "horridly
uncomfortable," roamed discontentedly up and down stairs,
contradicted everybody, kept the hungry and tired children
waiting for their supper, and showed herself for once
unequivocally out of temper. Of course I knew too well the
cause; and I augured badly for the future from her mood.

It was my earnest wish to avoid needless struggles, so I

only counselled patience to the younger girls, and then did
the best I could to smooth matters by offering to share my
own bedroom with Thyrza for a few days. Maggie at first
flatly refused the offer, but gradually came round to it; and
as a next move, she requested Miss Millington to share her
bedroom—the same which she had just before denounced
as "not big enough" for two sisters.

"Instead of that poky little hole you have now, Millie

dear," she said, with a defiant glance at me from her pretty
grey eyes.

"Millie" demurred, but agreed. I made no objections,

though I could not approve of the plan. I did not believe
that Mr. or Mrs. Romilly would like her to sleep so far-away
from the children in her charge. This difficulty, however, was
removed to some extent by Thyrza's immediate—"Then I
shall sleep in that room, and leave Miss Con in peace."

She said to me later, "I know it is better for you: and of

course the little ones can't be left with no one near. Such a
shame of those two!"

I said little in answer, except to thank her for helping

me. The comfort of a room to myself still is not small,—
though indeed I would rather have Thyrza for a companion
than any one else.

To-day the girls and Miss Millington have been chiefly

occupied in unpacking and arranging. I have seen little of
any of them, for Elfie has been so ill with neuralgia, that I
could neither let her come downstairs, nor leave her alone
for any length of time.

We have had drenching rain, without a break, from

early morning. I wonder if this is usual in July. Denham has
been out, of course, regardless of soaking. Thyrza and Nona
ventured a short distance, but they were soon driven back,
and had to change everything.

Just opposite our house, on the other side of the Dale,

is a fine waterfall,—unusually full and fine just now, from
the heavy rain. It begins, not far from the top of the hill, as
a straight thread of silver. Then comes a break, where I
suppose the stream flows over a slope. Then a great
tumbling leap down a rocky descent, followed by a second
break, and by a final spreading burst of water to lower
levels, where it is hidden by trees. I could stand and watch
for hours.

The river, flowing among meadows in the bottom of the

valley, is not visible from our windows. We have glimpses of
the other road, beyond the river, running parallel with this
road; and beyond the road rises a great beautiful
mountainous mass, extending far to left and right. I do not
know its name yet, but everybody seems to call it "The
Fell." The waterfall leaps down its sides near; and far-away
to the left we can see upon it "The Scaur," a mass of
precipitous bare rock, in a green frame.

The hills on this side of the Dale, behind our house, are
more smooth and round, and less lofty. Higher up the Dale,
some miles off, we have glimpses of mountains, which I am
told are over two thousand feet in height. Their summits are
swathed in cloud at present.

July 31. Friday Afternoon.—No news yet from Germany.

I cannot make up my mind how soon we ought to hear.
Surely a second telegram might have been sent; or a letter
written by Nellie just after the accident might arrive.

Elfie was awake all night, and to-day she is shaken and
hysterical, tears springing at the least word. I would not let
her come downstairs till after lunch. Now she is on the
drawing-room sofa, sound asleep, and I am journalising at a
side-table. I feel safe in so doing, for once. We have had
another wet morning; and the sun having come out since
lunch, our whole party started ten minutes ago for a
ramble. They will not be back for at least two hours, if rain
keeps off. So I may as well utilise the time.

Thyrza alone helps me in taking care of Elfie. Maggie,

Nona, the little ones, and "Millie" keep studiously aloof. I
cannot but see that this is intentional, and that the ill-
feeling towards me is fostered by Miss Millington. Nona has
her rude manner. The little ones pout when I come near,
and are gushing towards their "sweetest darling duckie
Millie!" If I glance at Miss Millington, she bridles and tosses
her head. Maggie has scarcely spoken to me to-day, except
to oppose whatever I wish or suggest. There has been as
yet no actual resistance of my authority, and I hope that
there may not be,—also that this state of things may not
last. It is very foolish: and Maggie's ill-humour has an odd
childishness about it.

A letter unexpectedly reached me this morning from

Lady Denham,—short, but very kind. She has had a note
from Eustace, written in London; and she writes, plainly
with a clear understanding of things generally, to assure me
that I must not hesitate to appeal to her, if need should
arise.

Of course I have shown and read the letter to no one,—

though the postmark was commented on by Maggie and
Nona in what I cannot but count an unladylike because
interfering style.

If nothing else prevented me, one sentence would. Lady

Denham says, near the end—

"Is it not singular? We have just come across that

young officer again,—Captain A. Lenox, whom we saw at
Rouen. You will remember my son mentioning him in
connection with a photograph. I think you said you had
known some member of the same family. He was at the
same hotel with us in Bath, three days ago. I was glad to
see him quite well."

That is all. I do not understand her object in making the

remark. She may have written the words quite innocently,—
or she may have some dim suspicion of the truth.