The EU Charter: Moving from a European Fundamental Rights Ornament to a European Fundamental Rights Order

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, implicitly taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an explicit legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues.

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The Democratic Costs of Constitutionalization— The European Case

10.1093/oso/9780198805120.003.0005 ◽

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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The Protection of Intellectual Property in International Human Rights Law

10.1093/oso/9780199663392.003.0008 ◽

2017 ◽

Author(s):

Henning Grosse Ruse-Khan

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Fundamental Rights ◽

European Convention ◽

International Human Rights Law ◽

Human Rights Law ◽

Cultural Rights ◽

Core Subject ◽

Charter Of Fundamental Rights ◽

The Eu

This chapter examines the human rights system and the way it deals with human creations and innovations that are the traditional core subject matter of intellectual property (IP) rights. It begins by reviewing the scope for protection under Article 27 (2) Universal Declaration of Human Rights (UDHR) and Article 15 (1) (c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The chapter moves on to the protection of property in human rights law, especially on the regional, European level. It examines how IP can be protected as property under the European Convention of Human Rights (ECHR) and under the EU Charter of Fundamental Rights (EU Charter). Finally, the chapter looks at some of the overlaps with international IP rules and the conflict norms in the human rights system to address such overlaps.

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Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

New Journal of European Criminal Law ◽

10.1177/2032284421995933 ◽

2021 ◽

pp. 203228442199593

Author(s):

Wolfgang Schomburg ◽

Anna Oehmichen ◽

Katrin Kayß

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Cooperation Agreement ◽

Judicial Cooperation ◽

Human Rights Protection ◽

Criminal Matters ◽

The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

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Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

Journal of Religion in Europe ◽

10.1163/187489109x12463420694949 ◽

2009 ◽

Vol 2 (3) ◽

pp. 257-284 ◽

Cited By ~ 3

Author(s):

Christof Mandry

Keyword(s):

European Union ◽

Political Identity ◽

Fundamental Question ◽

Fundamental Rights ◽

The Self ◽

Reform Process ◽

The European Union ◽

Charter Of Fundamental Rights ◽

The Relationship ◽

The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

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TOWARDS MINIMUM PROCEDURAL GUARANTEES FOR THE DEFENCE IN CRIMINAL PROCEEDINGS IN THE EU

International and Comparative Law Quarterly ◽

10.1017/s0020589311000479 ◽

2011 ◽

Vol 60 (4) ◽

pp. 1017-1038 ◽

Cited By ~ 8

Author(s):

Laurens van Puyenbroeck ◽

Gert Vermeulen

Keyword(s):

European Union ◽

Criminal Law ◽

Criminal Policy ◽

Fundamental Rights ◽

The European Union ◽

Criminal Proceedings ◽

Judicial Cooperation ◽

Democratic Rule ◽

Constitutional System ◽

The Eu

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2

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The EU and the Protection of Fundamental Rights

New Journal of European Criminal Law ◽

10.1177/203228441300400402 ◽

2013 ◽

Vol 4 (4) ◽

pp. 372-373

Author(s):

Christoffer Wong

Keyword(s):

Fundamental Rights ◽

The Eu

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Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

Cambridge yearbook of European legal studies ◽

10.1017/cel.2020.8 ◽

2020 ◽

pp. 1-22

Author(s):

Aida TORRES PÉREZ

Keyword(s):

Rule Of Law ◽

Fundamental Rights ◽

The European Union ◽

Member States ◽

The Rule Of Law ◽

Rights Protection ◽

Scope Of Application ◽

Judicial Protection ◽

Eu Fundamental Rights ◽

The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

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