6. General principles of law

General Principles Of Law ◽

Relationship Of ◽

The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

6. General principles of law

Steiner & Woods EU Law ◽

10.1093/he/9780198853848.003.0006 ◽

2020 ◽

pp. 144-180

Author(s):

Marios Costa ◽

Steve Peers

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

Eu Law ◽

The European Union ◽

Procedural Rights ◽

Relationship Of

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law within the scope of EU law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR) and the European Union Charter of Fundamental Rights (EUCFR), which includes substantive rights and procedural rights, as well as the principles of proportionality and legal certainty. It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

The Relationship Between the EU Charter of Fundamental Rights and the European Convention on Human Rights: an Originalist Analysis

European Constitutional Law Review ◽

10.1017/s1574019615000255 ◽

2015 ◽

Vol 11 (3) ◽

pp. 482-511

Author(s):

Stephen Brittain

Keyword(s):

European Union ◽

Human Rights ◽

Case Law ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Court Of Justice ◽

European Court ◽

The Relationship

European Convention on Human Rights and the European Union Charter of Fundamental Rights: relationship – Teleological method of interpretation of the European Court of Justice: meaning, justifications, and criticisms – Originalist method of interpretation: meaning, justifications, and criticisms – Original meaning of Article 52(3) of the Charter: text, drafting history, case law – Conclusion: case law of European Court of Human Rights not strictly binding on the Court of Justice of the European Union.

Human rights in the European Union constitution

Medjunarodni problemi ◽

10.2298/medjp0602104n ◽

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 ◽

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.

Trends and Patterns in Preliminary References in Courts of Romania. Issues Related to the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights

SSRN Electronic Journal ◽

10.2139/ssrn.2881998 ◽

2016 ◽

Author(s):

Daniel Mihail Sandru ◽

Constantin-Mihai Banu ◽

Dragos Calin

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

The Relation between the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights – Substantive Aspects

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x0100800104 ◽

2001 ◽

Vol 8 (1) ◽

pp. 49-67 ◽

Cited By ~ 1

Author(s):

Paul Lemmens

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law - La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence ◽

The European Convention on Human Rights and the Charter of Fundamental Rights of the European Union: A Process of Mutual Enrichment

10.1007/978-90-6704-897-2_11 ◽

2012 ◽

pp. 167-181 ◽

Cited By ~ 1

Author(s):

Sir Nicolas Bratza

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

“Not Taking Rights Seriously”. Opting for the Primacy of eu Law over Broader Human Rights Protection

International Human Rights Law Review ◽

10.1163/22131035-00402004 ◽

2015 ◽

Vol 4 (2) ◽

pp. 277-302

Author(s):

Fisnik Korenica ◽

Dren Doli

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

Eu Law ◽

The European Union ◽

Human Rights Protection ◽

Rights Protection ◽

Court Of Justice ◽

The Relationship

The European Union (eu) accession to the Convention for the Protection of Human Rights and Fundamental Freedoms (echr) has been a hot topic in the European legal discourse in this decade. Ruling on the compliance of the Draft Agreement on eu accession to the echr with the eu Treaties, the Court of Justice of the eu (cjeu) came up with a rather controversial Opinion. It ruled that the Draft Agreement is incompliant with the eu Treaties in several respects. One of the core concerns in Opinion 2/13 relates to the management of horizontal relationship between the eu Charter of Fundamental Rights (ChFR) and echr, namely Article 53 ChFR and Article 53 echr. The article examines the Opinion 2/13’s specific concerns on the relationship between Article 53 ChFR and Article 53 echr from a post-accession perspective. It starts by considering the question of the two 53s’ relationship from the eu-law autonomy viewpoint, indicating the main gaps that may present a danger to the latter. While questioning from a number of perspectives the plausibility of the cjeu’s arguments in relation to the two 53s, the article argues that the Court was both controversial and argued against itself when it drew harshly upon these concerns. The article also presents three options to address the cjeu’s requirements on this issue. The article concludes that the cjeu’s statements on the two 53s will seriously hurt the accession project, while critically limiting the possibility of Member States to provide broader protection.

Der Beitritt der Europäischen Union zur EMRK - The Accession of the European Union to the ECHR - L'adhésion de l'Union Européenne à la CEDH ◽

The Protection of Fundamental Rights in Europe before and after the Accession of the European Union to the European Convention on Human Rights – Some Questions concerning the Legal Impact of the Charter of Fundamental Rights

10.5771/9783845248721-95 ◽

2013 ◽

pp. 95-106

Author(s):

Sofia Oliveira Pais

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Before And After ◽

12. Limiting Powers

10.1093/he/9780198864653.003.0012 ◽

2021 ◽

pp. 451-496

Author(s):

Robert Schütze

Keyword(s):

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

Bill Of Rights ◽

The European Union ◽

Member States ◽

National Courts ◽

The Relationship ◽

Eu Fundamental Rights

This chapter investigates each of the European Union’s three bills of rights and the constitutional principles that govern them. It starts with the discovery of an ‘unwritten’ bill of rights in the form of general principles of European law. The chapter then moves to an analysis of the Union’s ‘written’ bill of rights: the EU Charter of Fundamental Rights, which was adopted to codify already existing human rights in the Union legal order. It also considers the formal relationship between the European Union and the European Convention on Human Rights. Finally, the chapter explores the relationship between EU fundamental rights and the Member States. Despite being primarily addressed to the Union, EU fundamental rights can, in some situations, also bind the Member States (and even their nationals). National courts may thus sometimes be obliged to review the legality of national law in the light of EU fundamental rights.

Introduction

The European Union and Human Rights ◽

10.1093/oso/9780198814191.003.0001 ◽

2020 ◽

pp. 1-8

Author(s):

Jan Wouters ◽

Anna-Luise Chané ◽

Manfred Nowak

Keyword(s):

European Union ◽

Human Rights ◽

Economic Integration ◽

External Action ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Political Union ◽

Integration Project

Over the past decades, the European Union (EU or Union) has undergone a remarkable transformation—from a primarily economic integration project whose founding treaties were completely silent on human rights, to a political union of values that puts human rights front and centre. The Treaty of Lisbon, which entered into force one decade ago, on 1 December 2009, is widely regarded as the high point of the Union’s journey in that direction. Not only did the Treaty recognise human rights as one of the EU’s founding values, as the guiding principles and objectives of all EU external action, it also gave the EU Charter of Fundamental Rights the same legal value as the Treaties and obliged the Union to accede to the European Convention on Human Rights (ECHR)....