scholarly journals ”New” and ”Existing” Rights in the Charter of Fundamental Rights of the European Union

2020 ◽  
Vol 8 (1) ◽  
pp. 16-32
Author(s):  
Gabriela Nemţoi ◽  
◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
Political Rights ◽  
The European Union ◽  
Cultural Rights ◽  
Charter Of Fundamental Rights ◽  
The Individual ◽  
Political Economic

Considered a fundamental document, the Charter of Fundamental Rights of the European Union aims to bring together all the civil, political, economic, social and cultural rights that citizens and residents of the Community can enjoy in order to outline the EU’s obligation to respect these fundamental rights. Thus, from the perspective of the content of the Charter, civil and political rights can be understood as those rights necessary for the assertion of the individual and defined by the action of their holder[1] and in contrast are the economic, social and cultural rights that can be understood as those rights recognized to individuals, in their capacity as members of certain social categories. Through its content, the Charter reaffirms the rights that arise from the content of national constitutions and international obligations, common to the Member States. Thus, these rights stand out as a foundation that is built on the European Convention for the Protection of Human Rights and Fundamental Freedoms, on the Social Charters adopted by the EU, on the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights. In this context, it should be noted that the Charter is the first normative act that manages to codify in a single document, the main civil, political, economic and social rights[2], enshrined in previous Community Treaties. Under the auspices of the Charter, we will try to point out the innovative aspect that this document enjoys as a legal instrument for the protection of fundamental human rights.

6. General principles of law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
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.

Introduction

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 ◽  
Charter Of Fundamental Rights ◽  
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)....

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

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 ◽  
Charter Of Fundamental Rights ◽  
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.

The Road not Taken: The European Union as a Global Human Rights Actor

2011 ◽  
Vol 105 (4) ◽  
pp. 649-693 ◽  
Author(s):  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
The Road ◽  
The Status ◽  
The Face ◽  
Charter Of Fundamental Rights ◽  
The Eu

For many, the enactment of the European Union’s Treaty of Lisbon, with its range of significant human rights provisions, marks the EU’s coming of age as a human rights actor. The Lisbon Treaty inaugurated the legally binding character of the EU Charter of Fundamental Rights (EU Charter), enshrined a commitment to accede to the European Convention on Human Rights (ECHR), and, in Article 2 of the Treaty on European Union (TEU), identified human rights as a foundational value. These changes have already drawn comment as developments that “will change the face of the Union fundamentally,” that take the protection of rights in the EU “to a new level,” and that indicate that “the arguments for improving the status of human rights in EU law… have finally been heard. There is general agreement, in other words, that the EU has reached the high point of its engagement with human rights.

scholarly journals Judicial review and the protection of privacy rights in dawn raids

2021 ◽  
Vol 20 (2) ◽  
pp. 55-64
Author(s):  
Nima Lorjé ◽  
Ariela Stoffer
Keyword(s):  
European Union ◽  
Human Rights ◽  
Judicial Review ◽  
Personal Information ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Privacy Rights ◽  
Charter Of Fundamental Rights ◽  
Practical Implications

Commission inspections pursuant to Article 20(4) of Regulation 1/2003 (i.e. dawn raids) interfere with the privacy rights of companies and individuals. This interference is disproportionate when it is not consistent with the requirements laid down in Article 7 of the Charter of Fundamental Rights of the European Union and Article 8 of the European Convention for Human Rights. In its recent judgments in the French Supermarkets cases, the General Court partially annulled four Commission inspection decisions for constituting an arbitrary and unjustified interference with the privacy rights of the inspected companies. The General Court found that the Commission had initiated inspections without having sufficiently serious evidence in its possession. This article examines this finding of the General Court and its practical implications for the protection of companies’ privacy rights in the context of dawn raids. In addition, this article examines possible remedies for challenging the seizure and copying of documents containing personal information of raided companies’ staff during a dawn raid.

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