scholarly journals The Road Not Taken – the CJEU Sheds Light on the Role of Fundamental Rights in the European Copyright Framework – a Case Note on the Pelham, Spiegel Online and Funke Medien Decisions

2019 ◽  
Vol 50 (9) ◽  
pp. 1176-1190 ◽  
Author(s):  
Thom Snijders ◽  
Stijn van Deursen
Keyword(s):  
Great Majority ◽  
Fundamental Rights ◽  
The European Union ◽  
The Road ◽  
Eu Member States ◽  
European Court ◽  
Exceptions And Limitations ◽  
The Relationship ◽  
The Eu

Abstract On 29 July 2019, the Court of Justice of the European Union delivered its judgments in three eagerly awaited cases, Pelham, Spiegel Online and Funke Medien, which all relate to the relationship between copyright and (other) fundamental rights. Specifically, an issue arising in these cases is whether the EU copyright acquis allows for fundamental rights to be invoked as an autonomous ground for limiting a copyright, outside of the mechanisms incorporated in the Copyright Directive for that purpose. In its judgments, the Court rejects this possibility and instead locates the role for fundamental rights in the interpretation and implementation of the exceptions and limitations of the Directive. We argue that – while this may render satisfactory results in the great majority of cases – in exceptional cases the CJEU’s approach towards balancing copyrights and fundamental rights could be at odds with the approach of the European Court of Human Rights, which might reduce the legal certainty sought after by the CJEU. Lastly, we consider the implications of that potential tension for the judicial authorities and other actors within the domestic legal orders of the EU Member States.

European Union Rights and Values in Human Health

2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
European Union ◽  
National Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Fundamental Rights ◽  
The Eu

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.

CITIZENSHIP OF THE EUROPEAN UNION

2013 ◽  
Vol 62 (2) ◽  
pp. 492-501
Author(s):  
Adam Cygan
Keyword(s):  
Fundamental Principle ◽  
Prima Facie ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Court ◽  
International Obligations ◽  
Council Regulation ◽  
The Relationship ◽  
The Eu

The relationship between EU law and international law has, again, recently occupied the European Court of Justice with respect to the compatibility of the EU Treaty with international obligations. It will be recalled that in the Kadi judgment1 the Court examined whether adoption of a UN Resolution in the form of a Council Regulation2 which, prima facie, restricted the fundamental rights of Kadi was congruent with principles of EU law. In Kadi, the Court, adopting a constitutionalist position with regard to the protection of fundamental rights, held that protecting the applicant's fundamental rights under the Treaty was a priority which could not be diminished, even when the EU was implementing a UN Resolution into EU law. Thus, in Kadi, the Court concluded that providing clear fundamental rights safeguards through judicial review of the Regulation was a fundamental principle of EU law. To this extent, the Court was only prepared to accept compliance with internal obligations if they were harmonious with principles of fundamental rights norms, as understood through the case law of the Court.

9. Fundamental rights in the European Union

2020 ◽  
pp. 243-282
Author(s):  
Eleanor Spaventa
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Historical Background ◽  
European Convention ◽  
The European Union ◽  
Rights Protection ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

This chapter examines fundamental rights in the EU. It begins by analysing the historical background and the development of the case law on fundamental rights. It then examines the main Treaty provisions relating to fundamental rights protection, before turning to the Charter of Fundamental Rights of the EU. Finally, it looks at the relationship between the EU and the European Convention on Human Rights (ECHR), including the extent to which the European Court of Human Rights agrees to scrutinize EU acts. It also considers the plan for the EU to accede to the ECHR.

scholarly journals Human rights in the European Union constitution

2006 ◽  
Vol 58 (1-2) ◽  
pp. 104-127
Author(s):  
Maja Nastic
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
Legal Document ◽  
The Relationship ◽  
The Eu

The paper deals with the innovations the Treaty Establishing a Constitution for Europe brings into the field of human rights. One of them is incorporation of the Charter of Fundamental Rights into the very Constitution. In this way, a political declaration adopted in Nice has become a legal document, achieving also constituionalisation of fundamental rights at the Union level. Secondly, there is an explicit possibility for the EU to accede the European Convention for the Protection of Human Rights and Fundamental Freedoms. Within that context the author considers the relationship between the Charter of Human Rights and the European Convention, as well as the relationship between the two courts: the European Court of Human Rights and the European Court of Justice.

9. Fundamental rights in the European Union

2017 ◽  
Author(s):  
Eleanor Spaventa
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Historical Background ◽  
European Convention ◽  
The European Union ◽  
Rights Protection ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

This chapter examines fundamental rights in the EU. It begins by analysing the historical background and the development of the case law on fundamental rights. It then examines the main Treaty provisions relating to fundamental rights protection, before turning to the Charter of Fundamental Rights of the EU. Finally, it looks at the relationship between the EU and the European Convention on Human Rights (ECHR), including the extent to which the European Court of Human Rights agrees to scrutinize EU acts. It also considers the draft agreement on the EU’s accession to the ECHR.

Revisiting the Role of the EU Judiciary as the Stronghold for the Protection of Human Rights while Countering Terrorism

Global Jurist ◽  
2018 ◽  
Vol 18 (2) ◽  
Author(s):  
Alice Riccardi
Keyword(s):  
Due Process ◽  
Fair Trial ◽  
Fundamental Rights ◽  
The European Union ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right ◽  
Due Process Rights ◽  
The Eu

Abstract This article revisits the response of the European Union (EU) to the challenges posed by anti-terrorist smart sanctions regimes to fundamental rights, vis-à-vis recent legal developments. Following the Kadi saga, many authors defined the EU judicature as the bastion of the rule of law against executive powers. From the perspective of the Council of the EU, instead, Kadi caused a tremor. The EU courts did not only declare that anti-terrorist sanctions could be reviewed: they also affirmed that such review is in principle full, thus extended to all information substantiating sanctions, irrespective of whether covered by secrecy. In this respect, the European Court of Justice established that it is a task of the judiciary to accommodate security considerations militating against the disclosure of intelligence in court and the right to a fair trial. However, through legal instruments adopted in late 2016, the EU seems to be backing off from these settled principles. To test such assumption, the article proceeds in three steps. Firstly, it outlines the contours of the UN Security Council anti-terrorist sanctions regime, pinpointing the characteristics that make such regime problematic with respect to fair trial rights. Secondly, it surveys the development of EU courts’ case-law on secret evidence. Thirdly, it investigates whether the new legal instruments adopted by EU institutions adhere to the principles enshrined in said EU courts’ decisions, or rather represent a departure from consolidated due process rights.

Spelling It Out−Convergence and Divergence in the Judicial Dialogue between cjeu and ECtHR

2019 ◽  
Vol 88 (3) ◽  
pp. 429-458
Author(s):  
Amalie Frese ◽  
Henrik Palmer Olsen
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
The Other ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Content Search ◽  
Convergence And Divergence ◽  
The Relationship ◽  
The Eu

In this article we investigate the relationship between the Court of Justice of the European Union and the European Court of Human Rights as it manifests in explicit cross-references between the two Courts’ jurisprudence. The analysis detects cross-references, how they are used and indications of converge or divergence in the jurisprudence through their explicit citations and references. Our dataset consists of the entire corpus of judgments from both Courts from 2009 (when the EU Charter on Fundamental Rights came into force and until the end of 2016. On the basis of a content search for references to the other Court in both corpora we detect all their cross-references. We find that 1) the Courts’ use each other’s case law surprisingly little, but when they do, it is 2) primarily within the legal domains of criminal justice and immigration policies, and 3) displaying convergence towards the jurisprudence of the other Court.

scholarly journals Theorizing an enhancement of the protection and of the justiciability of biorights in the European Union.

2021 ◽  
Vol 1 (7) ◽  
pp. 204-249
Author(s):  
Simona Fanni
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Directive ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Human Rights Based Approach ◽  
The Eu

The attention given to bioethics and biolaw has grown throughout the decades in the framework of the European Union, since the first steps were taken in the field of medical products, with the adoption of Council Directive 65/65/EEC. Moving from the EU Treaties, which provide the legal bases for bioethics and biorights as well as for some potentially competing principles and interests, as the four freedoms, this study adopts a human rights-based approach to biolaw and assesses the jurisprudence of the Court of Justice of the European Union and the role of the Charter of Fundamental Rights of the European Union (CFR) from this viewpoint. Comparison is made with the jurisprudence of the European Court of Human Rights, for analysing viable paths of judicial dialogue and cross-fertilization as a response to the challenges posed by biolaw, in line with Article 52(3) of the CFR.

The role of the EU Charter of Fundamental Rights in building a system of industrial relations at EU level

2003 ◽  
Vol 9 (2) ◽  
pp. 209-228 ◽  
Author(s):  
Brian Bercusson
Keyword(s):  
Trade Union ◽  
Industrial Relations ◽  
Fundamental Rights ◽  
Potential Contribution ◽  
The European Union ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
The Eu

This article explores the potential contribution of the EU Charter of Fundamental Rights to building a system of industrial relations at EU level, in particular, by introducing fundamental trade union rights into the legal order of the European Union. The first part of the article describes the role of the EU Charter in the context of the history of European integration. The second part explores the legal prospects of the EU Charter as a political declaration and if it is incorporated into the Treaty. The role of the European Court of Justice in developing the fundamental trade union rights provided in the Charter is analysed and the potential scope of these rights in the context of an EU system of industrial relations is examined. The third part of the article explores the potential of the EU Charter to act as a catalyst by stimulating initiatives for measures implementing Charter rights which would support a system of industrial relations system at EU level. Two central issues are analysed. First, the scope of EU competences to create a system of industrial relations at EU level and, secondly, the institutional framework for such a system of industrial relations at EU level.

The Democratic Costs of Constitutionalization— The European Case

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
At Risk ◽  
Economic Integration ◽  
Fundamental Rights ◽  
European Law ◽  
European Court ◽  
Political Implications ◽  
The Impact ◽  
The Relationship ◽  
The Eu

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.

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