The European Court of Human Rights, the EU Charter of Fundamental Rights and the Right to Abortion: Roe V. Wade on the Other Side of the Atlantic?

2011 ◽  
Author(s):  
Federico Fabbrini
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Roe V Wade ◽  
The Eu

scholarly journals Prawo do prywatności osób prawnych podczas kontroli przedsiębiorstwa dokonywanej przez Komisję Europejską

2017 ◽  
Vol 107 ◽  
pp. 11-25
Author(s):  
Marta De Bazelaire De Ruppierre
Keyword(s):  
Competition Law ◽  
Fundamental Rights ◽  
Eu Law ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

THE RIGHT TO PRIVACY OF LEGAL PERSONS DURING THE EUROPEAN COMMISSION’S INSPECTIONSThe paper aims to discuss the application of the Charter of Fundamental Rights by the EU institutions in competition law proceedings, showing as an example the respect for the right to privacy of undertakings during the inspections carried out by the European Commission. Although exercising the control powers of the Commission potentially collides with a number of fundamental rights expressed in the Charter, it is the analysis of Art. 7 CFR that allows to depict the evolution of the EU’s approach to privacy of legal persons, showing the accompanying judicial dialogue, or lack thereof, between the European Court of Human Rights and the Court of Justice of the EU. The article short-defines the dawn raids, examines the application of Article 7 CFR to legal persons, highlighting the aspects of protection of domicile and secrecy of correspondence, compares the standards provided by ECHR and EU law, pondering also on how the CFR guarantees can be provided and effectively controlled. It also reflects on the issue whether the Court of Justice has a forerunner role in promoting fundamental rights of undertakings in matters of competition law.

scholarly journals Potencialidades del pilar europeo de derechos sociales en la praxis jurisprudencial del juez de Estrasburgo: entre la heterarquía vínculo social-vínculo económico y la disfuncionalidad

2019 ◽  
pp. 609
Author(s):  
Ainhoa Lasa López
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Social Rights ◽  
Effective Protection ◽  
Derechos Humanos ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
The Eu ◽  
Evolutionary Interpretation

El recurso a los principios de la protección efectiva y la interpretación evolutiva ha generado una prominente casuística de reconocimiento accesorio de algunos derechos sociales de prestación por parte del Tribunal Europeo de Derechos Humanos. Paralelamente, el Pilar Europeo de Derechos Sociales, con su objetivo de mejorar la integración positiva del euro sistema, parece ampliar el contenido de algunos derechos sociales contemplados por la Carta de Derechos de la Unión. Siguiendo estas coordenadas, el objetivo del presente artículo es reflexionar sobre el papel del Pilar en la línea argumental de la garantía de la dimensión objetiva de los derechos humanos de la Convención desarrollada por el juez de Estrasburgo.The use of the principles of effective protection and evolutionary interpretation has generated a prominent casuistry of accessory recognition of some social rights by the European Court of Human Rights. On the other hand, the European Pillar of Social Rights, with its objective of improving the positive integration of the euro system, seems to expand the content of some social rights contemplated by the EU Charter of Fundamental Rights. Following these coordinates, the objective of this article is to reflect on the role of Pilar in the line of reasoning of guaranteeing the objective dimension of human rights of the Convention developed by the judge of Strasbourg.

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 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 Activities of the European Ombudsman under the Charter of Fundamental Rights: Promoting Good Administration through Human Rights Compliance

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 51
Author(s):  
Alexei Avtonomov
Keyword(s):  
Human Rights ◽  
Human Dimensions ◽  
Fundamental Rights ◽  
The Everyday ◽  
The Status ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
The Right ◽  
Further Development ◽  
The Eu

The adoption of the Charter of Fundamental Rights has strengthened the position of the European Ombudsman, since the Charter contains an article specifically dedicated to the Ombudsman. At the same time, the Ombudsman, through her/his practice, contributes to the implementation in the everyday life of the provisions of the Charter and their further development. The consolidation and development of the provisions of the Charter by the European Ombudsman have proceeded especially rapidly since the Charter of Fundamental Rights received the status of a binding act. Due to the fact that the right to “good administration” contained in the Charter of Fundamental Rights has become one of the basic human rights in the EU since the Charter became legally binding, the competence of the European Ombudsman has acquired a new substantive and factual (functional) content, expanding her/his ability to positively influence the EU administration in the field of governance and respect for fundamental rights. This article examines, based on legal acts, statistical and other factual data, the interrelated issues (such as institutional and human dimensions of European integration) of ensuring the effectiveness of the Charter of Fundamental Rights through the activities of the European Ombudsman.

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.

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!

Concepts and Language of Human Rights in the EU

2021 ◽  
pp. 70-93
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Fundamental Freedoms ◽  
Close Relationship ◽  
Charter Of Fundamental Rights ◽  
The One ◽  
Relationship Of ◽  
The Eu

This chapter evaluates the language and concepts surrounding human rights in the EU. It begins by investigating the dichotomous language of ‘human’ and ‘fundamental’ rights. Even a brief look at the EU Treaties makes immediately clear that both ‘human’ and ‘fundamental’ rights are mentioned in various parts of the text, most often as part of references to, on the one hand, the European Convention on Human Rights and Fundamental Freedoms and the EU Charter of Fundamental Rights, on the other. What is less obvious from reading the Treaties is whether there is in fact a difference between the two terms or whether they are synonymous. The chapter then highlights the human rights narratives the EU tells about itself. It also looks at the close relationship of human rights with the associated concepts of the rule of law and democracy, both generally and in the EU context.

scholarly journals STATE IMMUNITY AND THE RIGHT OF ACCESS TO A COURT UNDER THE EU CHARTER OF FUNDAMENTAL RIGHTS

2016 ◽  
Vol 65 (1) ◽  
pp. 213-228
Author(s):  
Andrew Sanger
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Domestic Service ◽  
European Convention ◽  
State Immunity ◽  
Service Staff ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Right Of Access ◽  
The Eu

AbstractThis article examines the application of the right of access to a court as guaranteed by Article 47 of the EU Charter of Fundamental Rights in cases involving State immunity. First, it considers the scope of the right of access to a court under the Charter, including its relationship with Article 6(1) of the European Convention on Human Rights, and the ways in which the Charter is given effect within UK law. Second, the article critically examines the Court of Appeal’s application of both Article 6(1) ECHR and Article 47 of the EU Charter in Benkharbouche v Sudan, a case brought by domestic service staff of foreign embassies based in London against Sudan and Libya respectively. It argues that the Court’s statement that the right of access to a court is not engaged in immunity cases because the court has no jurisdiction to exercise – an analysis which relies on Lord Millett’s reasoning in Holland v Lampen-Wolfe and the dicta of Lords Bingham and Hoffmann in Jones v Saudi Arabia – is erroneousness: the right of access to a court is always engaged in immunity cases because immunity does not deprive the courts of jurisdiction ab initio. The article also argues that contrary to the Court’s reasoning on Article 47 of the EU Charter, the right of access to a court does not need to have horizontal effect in a private between private parties: the right is always enforced against the forum State; it has indirect, not horizontal, effect.

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