scholarly journals Implementation of the principles and values of EU law in the national legal systems of the states parties

2021 ◽  
pp. 357-362
Author(s):  
O.M. Vartovnik
Keyword(s):  
European Union ◽  
Human Rights ◽  
The State ◽  
Fundamental Rights ◽  
European Convention ◽  
Federal Republic Of Germany ◽  
The European Union ◽  
Normative Documents ◽  
Fair Competition ◽  
The Eu

The article considers the goals and process of formation of the European Union as a regional intergovernmental organization. The general concept of the values of the European Union in the light of the Lisbon Treaty is given. The role and place of the EU normative documents - the Charter of Fundamental Rights and the European Convention on Human Rights, in the formation of the fundamental values of the union are analyzed. The author notes that the basis of the values of the European Union is a set of fundamental human rights.The significance of the Copenhagen criteria for promoting the implementation of EU values by the state is analyzed. The Copenhagen Declaration identifies three sectors of requirements for a country aspiring to join the Community: the political sector, which requires the establishment and observance of the principles of democracy and the rule of human rights, and the economic sector, which requires fair competition. The third set of requirements is purely procedural and concerns the state’s obligation to adhere to the EU accession procedure.The author examines the state of implementation of the fundamental principles of the Union in the founding states on the example of the Federal Republic of Germany and the French Republic, as well as the implementation of Union values in countries that have recently become full members of the European Community. Thus, in Germa-ny and France today there is a fairly high level of implementation and compliance with the basic principles of the European Union, while in Poland recently there are some problems with this. Thus, for the last 7 years, this state has violated the values of the EU in two categories at once - in the category of personal and political rights. In 2020, the number of legal grounds for abortion in the Republic of Poland was limited, violating the right to the integrity of the person and his or her inviolability, which is one of the core values of the European Union.Іn 2017, the European Commission filed a lawsuit against Poland in the European Court of Justice for violating the requirements of the EU Treaty regarding the principle of judicial independence.

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

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.

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.

“A More Secure Europe of Rights?” The European Court of Human Rights, the Court of Justice of the European Union and EU Accession to the ECHR

2011 ◽  
Vol 12 (10) ◽  
pp. 1813-1832 ◽  
Author(s):  
Noreen O'Meara
Keyword(s):  
European Union ◽  
Human Rights ◽  
Steering Committee ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Political Consequences ◽  
European Court ◽  
New Phase ◽  
The Eu

The evolution of the protection of fundamental rights in Europe is on the brink of entering a new phase, with the imminent accession of the European Union (EU) to the European Convention on Human Rights (ECHR). Assuming no unforeseen obstacles arise, the EU will soon become the 48th HCP to the Convention, and the first non-state signatory. This is a unique situation with clear legal and political consequences. Pre-accession negotiations between the Council of Europe and the EU have effectively concluded. The CDDH Informal Working Group on the Accession of the European Union to the Convention (CCDH-UE), established under the aegis of the Council of Europe's Steering Committee on Human Rights (le Comité Directeur pour les Droits de l'Homme (CDDH)), met regularly from July 2010 until June 2011, tabling the Draft Legal Instruments on the Accession of the European Union to the European Convention on Human Rights (Draft Accession Agreement) on 30 June 2011.

scholarly journals European Exceptionalism? — A Response to Alexander Somek'sThe Cosmopolitan Constitution

2018 ◽  
Vol 19 (6) ◽  
pp. 1529-1542
Author(s):  
Signe Rehling Larsen
Keyword(s):  
European Union ◽  
Human Rights ◽  
The State ◽  
European Convention ◽  
The European Union ◽  
Eurozone Crisis ◽  
National Courts ◽  
Legal Regimes ◽  
The Government ◽  
The Eu

AbstractA major contemporary shift in constitutionalism is manifest in that domestic constitutions, to an unprecedented degree, submit themselves to legal regimes and agencies beyond the state. This is epitomized in national courts taking into account foreign precedent within the system of the European Convention on Human Rights and the government of the Eurozone crisis by the executive apparatus of the European Union (EU). Alexander Somek'sThe Cosmopolitan Constitutionis one of the most important monographs that endeavors to conceptualize this contemporary shift in constitutionalism. This response, however, highlights that the EU plays an uneasy role in the tale ofThe Cosmopolitan Constitution.The argument presented is that there are reasons to question the Eurocentrism that posits European post-WWII constitutional developments as the epitome of contemporary global constitutional developments. These reasons relate to the particularity of the European post-WWII political and constitutional experiences and developments. In contrast to what is maintained by Somek, this response argues that contemporary European trends in constitutionalism do not point in the direction of a universal cosmopolitanism but express a distinct European particularity.

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.

Autonomy and Effectiveness as Common Concerns: A Path to ECHR Accession After Opinion 2/13

2015 ◽  
Vol 16 (1) ◽  
pp. 147-167 ◽  
Author(s):  
Christoph Krenn
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Court Of Justice ◽  
Constitutional System ◽  
The Eu

Opinion 2/13is a sweeping blow. After four years of negotiations, it took the Court of Justice of the European Union (CJEU or the Court) only a few paragraphs to pick to pieces the draft accession agreement on the EU's accession to the European Convention on Human Rights (ECHR), finding a conflict with the EU Treaties on ten grounds. The Court's message is clear: Accession, under the terms of the draft agreement, would risk undermining the very essence of the EU's constitutional system.

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