Human Rights in the EU: Rethinking the Role of the European Convention on Human Rights after Lisbon

2011 ◽  
Vol 7 (1) ◽  
pp. 64-95 ◽  
Author(s):  
Wolfgang Weiß
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
Eu Law ◽  
Eu Member States ◽  
Loss Of Autonomy ◽  
The Eu

Treaty of Lisbon – Fundamental Rights Charter – European Convention on Human Rights – Partial incorporation of Convention in Charter – Incorporation of Charter into EU law with Lisbon – Questions of loss of autonomy for the EU legal order – Gain in direct effect of Convention in EU member states

KILLING TWO BIRDS WITH ONE STONE? THE COURT OF JUSTICE'S OPINION ON THE EU'S ACCESSION TO THE ECHR

2015 ◽  
Vol 74 (2) ◽  
pp. 185-188 ◽  
Author(s):  
Eva Nanopoulos
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Political Agenda ◽  
Eu Law ◽  
Member States ◽  
Eu Member States ◽  
European Court ◽  
The Eu

ACCESSION to the European Convention on Human Rights (ECHR) has long been on the EU's political agenda. The EU's membership of the ECHR is not only seen as symbolically significant, but is also aimed at filling an important gap in the enforceability of human rights across Europe. At present, the EU cannot be brought before the European Court of Human Rights (ECtHR) and, while all EU Member States are parties to the ECHR, as long as the EU protects fundamental rights to a standard equivalent to that required under the ECHR, Member States cannot be held responsible for alleged violations of the Convention resulting from EU law either (Bosphorus v Ireland (2006) 42 E.H.R.R. 1).

The EFTA Court and Fundamental Rights

2017 ◽  
Vol 13 (3) ◽  
pp. 475-492
Author(s):  
Robert Spano
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Eu Law ◽  
Fundamental Freedom ◽  
Normative Basis ◽  
The Eu

Fundamental rights – EFTA Court – Multilevel normative frameworks of human rights protections – General and unwritten principles of EEA law – Impact of the EU Charter on EEA fundamental rights – The European Convention on Human Rights as the dispositive normative basis for the EFTA Court’s resolution of a case – Fundamental rights operationalising the principle of homogeneity between EEA and EU law – Restriction of a fundamental freedom to further an aim based on fundamental rights.

9. Fundamental rights in the EU

2020 ◽  
pp. 240-268
Author(s):  
Sylvia de Mars
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Council Of Europe ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Human Rights Act ◽  
The Eu

This chapter traces the development of EU law-based fundamental rights, from early Court of Justice of the European Union (CJEU) case law up to the Charter of Fundamental Rights. It considers the EU's relationship with the Council of Europe, focusing on how the CJEU and the European Court of Human Rights (ECtHR) attempt to avoid conflicting interpretations of overlapping rights, and whether the EU can in fact sign up to the European Convention on Human Rights (ECHR). It is important to remember that the ECtHR and the ECHR are not part of EU law. The ECHR is an international human rights treaty administered by the Council of Europe. It is applied and interpreted by the ECtHR, and is transcribed into UK law in the form of the Human Rights Act 1998. The EU, meanwhile, has the Charter of Fundamental Rights as its human rights ‘treaty’. The chapter then looks at the relationship between the CJEU and the ECtHR, and examines post-Brexit fundamental rights.

scholarly journals The Doctrinaire Authority: The Court of Justice of The EU and the Fundamental Rights / Doktrinarni Autoritet: Sud Pravde Evropske Unije I Osnovna Prava

2013 ◽  
Vol 10 (2) ◽  
pp. 1-6
Author(s):  
Goran Ilik
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
Fundamental Rights And Freedoms ◽  
The Eu ◽  
Interpretive Framework

Abstract This paper represents the analysis of the Court of Justice of the EU, in particular the Court of Justice, and its “interpretive power”, within its authority for diffusion and proliferation of the EU law. Namely, the paper describes the position, responsibilities, powers and the role of the Court of Justice, in order to penetrate into its institutional performances as doctrinaire authority, regarding the Charter of Fundamental Rights of the EU as its interpretive framework. Also, the paper presents the most representative axiological determinations of the EU as a basis of the “interpretive power” of the Court of Justice. Accordingly, the paper describes the Court as a central judicial EU institution that with its “interpretive power” generates legal doctrines through the prism of fundamental rights and freedoms. Consequently, the Court of Justice appears as undisputed doctrinaire authority that assumes the role of doctrine - maker and doctrine - keeper of the human rights and freedoms, accepted and promulgated by the EU.

The Fundamental Rights Acquis: An ‘Integrative Approach’ to Interpretation—The ‘Aggregate Standards’ Model

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Case Law ◽  
Legal Order ◽  
Fundamental Rights ◽  
Integrative Approach ◽  
Eu Law ◽  
International Obligations ◽  
Integrated Or ◽  
The Eu

This chapter will catalogue the multiple ways in which human rights penetrate the EU legal order and the different functions they play qua (internalised/’Europeanised’) ‘fundamental rights’, both as standards of validity and as means of interpretation of EU acts. The main preoccupation is to identify the sources of fundamental rights obligations, retrace their origin and overall significance within the EU legal system, and determine the rules relevant to their interpretation and application. The ‘integrated’ or ‘cumulative standards’ approach will be developed against this background. According to this method, the precise level of protection that Charter rights afford will be determined by reference to Articles 52 and 53 thereof, taking the ECHR, other ‘international obligations common to the Member States’ (Recital 5 CFR), and any relevant ‘autonomous requirements’ of EU law into account. Drawing on post-Lisbon case law, it will be shown how any other approach fails to ensure compliance with all relevant requirements simultaneously. This technique will inform assessments in chapters of Part II.

Human Rights: The Best is Yet to Come

2004 ◽  
Vol 1 (1) ◽  
pp. 27-37 ◽  
Author(s):  
Rick Lawson
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
To Come ◽  
The Eu

Now that the EU Constitution has been adopted, one might be inclined to think that the debate on the position of human rights in the legal order of the European Union has come to an end. For more than 25 years academics and politicians have discussed the desirability of EC/EU accession to the European Convention of Human Rights and have argued for or against a separate bill of fundamental rights. That is all over now: Article I-7 of the Constitution provides for Union accession to the European Convention, whereas part II incorporates the Charter of Fundamental Rights.It would seem, therefore, that a solid framework for the protection of human rights in the EU legal order has been put in place. The rest will be a matter of implementation: taking fundamental rights into account when drafting and executing European legislation; invoking these rights before the Court of Justice; lodging complaints with the European Court of Human Rights when the EU institutions, despite everything, failed to secure these rights. All very important, albeit that some may find the daily application of human rights not as sexy as the large constitutional questions of the past.So is this the ‘end of history’ for human rights? Quite the opposite. The best is yet to come!

scholarly journals Language assitance as a procedural safeguard increasing the legal security in relation to migration

2021 ◽  
Vol 1 (1) ◽  
pp. 34-41
Author(s):  
Elena Nikolajova Kupferschmidtová
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Member States ◽  
Eu Member States ◽  
The Third ◽  
Legal Security ◽  
Detention Facilities ◽  
The Eu ◽  
Third Country Nationals

The focus of the present paper lies on the attempt to map the current situation in the field of language/linguistic assistance provided to the third-country nationals detained in the detention facilities of the EU Member States. The author, particularly, stresses out the difficulties in ensuring the professional translation and interpreting services especially in cases of less-spread and indigenous languages that are in most cases mother tongues of the detained nationals. Thus, EU Member States face a formidable task as the obligation to ensure the procedural safeguards listed in the European Convention on Human Rights are guaranteed, and the fundamental rights are protected, and the language assistance is definitely one of them. Respect and protection of fundamental human rights contributes to the elementary sense of safety in all Meber States nationals living in the territory of the EU, even in the third-country nationals arriving into the EU. The present paper is the output of the project of the Academy of the Police Force in Bratislava: Intercultural Communication with the Third-Country Nationals in Detention Facilities (No. 241)

Foster on EU Law

2021 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Free Movement Of Persons ◽  
The Uk ◽  
The Eu

Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas, including free movement of goods; free movement of persons; citizenship; and competition law, including state aids. This clear structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law, including UN Resolutions. It includes a consideration of EU law and Germany and France, as well as a briefer look at a number of other member states and contains discussion of human rights, in particular the EU Charter of Fundamental Rights and the moves of the EU to accede to the European Convention on Human Rights. The material on remedies in Chapter 6 has been rearranged to aid presentation and understanding. It follows the further developments of Art 263 of the Treaty on the Functioning of the European Union and has rearranged the material on the free movement of persons to take account of the judgments of the Court of Justice. The relationship between the UK and the EU and Brexit are dealt with in a new, dedicated chapter.

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