A parting example of the increasing interconnections between human rights and the EU can be given. In 2000, the European Council (now beginning to be more currently referred to as the Council of the European Union) met. Irrespective of the name change this body remains the council of the heads of government of the Member States of the EU. They met as the Council with representatives from the Commission. It is this group that has authority to sign the treaties of the Union at political level. At the meeting in 2000 they agreed to set up a convention to draft a Charter of Fundamental Rights for the European Union. The Convention was composed of 15 Member State representatives, 30 MPs from national parliaments, 16 Members of the European Parliament, members of the Commission and members of the European Court of Justice and the Council of Europe. They drafted a charter of 50 rights. The latest EU treaty, the Treaty of Nice, which came into force in February 2003, declared support for the 50-right charter that has been drafted.

2012 ◽  
pp. 142-142
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
National Parliaments ◽  
Name Change ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Set Up ◽  
Heads Of Government ◽  
The Eu

scholarly journals Theorizing an enhancement of the protection and of the justiciability of biorights in the European Union.

2021 ◽  
Vol 1 (7) ◽  
pp. 204-249
Author(s):  
Simona Fanni
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Directive ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Human Rights Based Approach ◽  
The Eu

The attention given to bioethics and biolaw has grown throughout the decades in the framework of the European Union, since the first steps were taken in the field of medical products, with the adoption of Council Directive 65/65/EEC. Moving from the EU Treaties, which provide the legal bases for bioethics and biorights as well as for some potentially competing principles and interests, as the four freedoms, this study adopts a human rights-based approach to biolaw and assesses the jurisprudence of the Court of Justice of the European Union and the role of the Charter of Fundamental Rights of the European Union (CFR) from this viewpoint. Comparison is made with the jurisprudence of the European Court of Human Rights, for analysing viable paths of judicial dialogue and cross-fertilization as a response to the challenges posed by biolaw, in line with Article 52(3) of the CFR.

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

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
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.

Effektivität des Grundrechtsschutzes in der Europäischen Union

2021 ◽  
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Law ◽  
European University ◽  
The Eu

The volume includes contributions from a meeting of the Frankfurt Institute for the Law of the European Union of the Faculty of Law of the European University Viadrina on the effectiveness of the protection of fundamental rights in the EU on the occasion of the tenth anniversary of the legal binding nature of the EU Charter of Fundamental Rights. With contributions by Markus Rau, LL.M.; Dr. Peter Szczekalla; Prof. apl. Dr. Carmen Thiele; RA Dr. Christian Hilbrandt; Prof. Dr. Walter Frenz; Prof. Dr. Ines Härtel; Clara Pira Machel and Gabriel N. Toggenburg.

Fundamental Rights Protection between Strasbourg and Luxembourg

2018 ◽  
Author(s):  
Katalin Ligeti
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
Individual Rights ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Grand Chamber

Since long before the entry into force of the Charter of Fundamental Rights of the European Union (CFREU), the two highest courts in Europe, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have sought to develop their respective jurisprudence in such a way as to ensure a strong protection of individual rights, whilst avoiding clashes between the decisions taken in Luxembourg and Strasbourg. An important statement in this regard is provided by the Bosphorus judgment, in which the Grand Chamber of the ECtHR recognised the existence of a presumption of equivalent protection of fundamental rights under EU law. The presumption is rebuttable, but expresses the trustful attitude (and a certain degree of deference) of Strasbourg towards the ability of EU law (and of the CJEU) to protect Convention rights.

1. The origins of the European Union and EU law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Single European Act ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Treaty Of Rome ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.

14. The European Union

2017 ◽  
Author(s):  
Berthold Rittberger
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Legal Rules ◽  
Constitutional Order ◽  
Constitutional Principle ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

This chapter examines how the European Union acquired distinctive constitution-like features. It begins with a discussion of three routes to constitutionalization: the first is through changes in the EU's primary law; the second focuses on ‘in between’ constitutionalization; and the third leads directly to the European Court of Justice and its jurisprudence. The chapter proceeds by discussing two developments that have shaped the EU constitutional order almost since the beginning: the emergence of a body of EU law constituting a set of higher-order legal rules, and the consolidation of the constitutional principle of representative democracy. It explains how the supremacy and direct effect of EU law, as well as the EU court's concern with the protection of fundamental rights, helped transform the EU into a constitutional polity. It also considers how the extension of the legislative, budgetary, and other powers of the European Parliament animated the constitutional principle.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

The European Union and Human Rights

2020 ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Action Plan ◽  
Financial Economic ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Migration Crisis ◽  
Legislative Activities ◽  
The Eu

With the Treaty of Lisbon, the profile of human rights issues has greatly risen in relation to European Union (EU) policies, whether internal or external. The EU has made the commitment to ensure that all its actions are compliant with human rights, and to seek to promote them. Yet, the Union’s commitment has come under close scrutiny, not only for its groundbreaking character, but also because recent events have put it to the test. The EU has been faced with a number of crises such as the financial-economic crisis and the imposition of austerity measures, the migration crisis, and terrorist attacks. At the same time, the EU has made significant steps to implement its human rights commitment, such as through the binding character of the EU Charter of Fundamental Rights, the adoption of the Strategic Framework and Action Plan on human rights and democracy, and the adoption of human rights country strategies for a large number of third countries. This volume takes stock of these developments. It comprehensively discusses the conceptualisation and operationalisation of the EU’s commitment to human rights throughout its actions, legislative activities, policies, and relationships, and critically assesses them.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 929-994
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

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.

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