Opinion 2/13 of the Court (C.J.E.U.)

2016 ◽  
Vol 55 (2) ◽  
pp. 267-306
Author(s):  
Daniel Halberstam
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Human Rights Regime ◽  
Gradual Process ◽  
Drawing Board

Opinion 2/13 of the Court of Justice of the European Union (CJEU) declared the draft agreement on European Union accession to the European Convention on Human Rights (ECHR) incompatible with the Treaty on European Union. The Opinion comes toward the end of a long and gradual process of incorporating human and fundamental rights principles into the legal system of the European Community and its successor, the European Union. Opinion 2/13 sends the Commission back to the drawing board on what has long been seen as the capstone of that process—EU accession to the Strasbourg human rights regime as an external check on human rights protection within the European Union.

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.

scholarly journals ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

Rights Revolution and Counter-Revolution: Democratic Backsliding and Human Rights in Hungary

2020 ◽  
Vol 14 (1) ◽  
pp. 97-123
Author(s):  
Gábor Halmai
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
Civil Society Organizations ◽  
European Convention ◽  
Constitutional Court ◽  
The European Union ◽  
Human Rights Protection ◽  
Fundamental Law ◽  
Human Rights Standards

AbstractThe Article discusses the democratic backsliding after 2010 in Hungary, and how it affected the state of human rights in the country, a Member State of the European Union. The main argument of the Article is that paradoxically the non-legitimate 1989 constitution provided full-fledged protection of fundamental rights, while the procedurally legitimate 2011 constitution-making resulted in curtailment of rights and their constitutional guarantees. The Article first describes the democratic transition that occurred in 1989–1990 as a rights revolution and the results of the 2011 “illiberal” constitution, called Fundamental Law, as counter-revolution. The second part of the Article illustrates the constitutional and statutory regulation of human rights protection after this “rule of law revolution,” and the activist jurisprudence of the first Constitutional Court using the concept of an “invisible constitution” to protect human rights. The third part discusses the rights provisions of the new Fundamental Law and several statutes dismantling the guarantees of human rights, with special attention to the decreased possibilities of state institutions, such as the Constitutional Court, the ordinary judiciary and ombudsmen, as well as civil society organizations to effectively protect fundamental rights. The fourth part assesses the efforts of European institutions to force the Hungarian government to comply with the human rights standards laid down in the European Convention of Human Rights and in the Treaty of the European Union. The Article concludes that neither internal nor external challenges could prevent the development of a new authoritarian regime with no guaranteed human rights.

ASPECTS OF THE INTERACTION BETWEEN THE COURT OF JUSTICE B OF THE EUROPEAN UNION AND THE EUROPEAN COURT OF HUMAN THE EUROPEAN RIGHTS AFTER OPINION NO. 2/13

Law and World ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 96-116
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Court Of Justice ◽  
European Court ◽  
The Relationship ◽  
The Eu

The present article is dedicated to one of the most debatable aspects of human rights protection in the European Union (EU), specifically the question of whether the EU should accede to the European Convention on Human Rights (ECHR). This article analyzes the maintained deficit in the functioning of the European Union in terms of the important parameters of democracy as a result of the failed EU accession to the ECHR as well as the new reality created in the relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) after the negative Opinion no. 2/13 of the CJEU and the changes in the nature of the interaction between the two European courts in this changed situation.

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.

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.

Sign in / Sign up

Export Citation Format

Share Document