The Protection of Fundamental Rights in Europe before and after the Accession of the European Union to the European Convention on Human Rights: A View from the European Parliament

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.

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6. General principles of law

Steiner & Woods EU Law ◽

10.1093/he/9780198795612.003.0006 ◽

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.

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The Relation between the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights – Substantive Aspects

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x0100800104 ◽

2001 ◽

Vol 8 (1) ◽

pp. 49-67 ◽

Cited By ~ 1

Author(s):

Paul Lemmens

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Charter Of Fundamental Rights

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The European Convention on Human Rights and the Charter of Fundamental Rights of the European Union: A Process of Mutual Enrichment

The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law - La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence ◽

10.1007/978-90-6704-897-2_11 ◽

2012 ◽

pp. 167-181 ◽

Cited By ~ 1

Author(s):

Sir Nicolas Bratza

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Charter Of Fundamental Rights

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The Past, Present and Future of the Ne Bis In Idem Dialogue between the Court of Justice of the European Union and the European Court of Human Rights: The Cases of Menci, Garlsson and Di Puma

Review of European Administrative Law ◽

10.7590/187479818x15481611819868 ◽

2018 ◽

Vol 11 (2) ◽

pp. 55-84

Author(s):

Max Vetzo

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Market Abuse ◽

The Past ◽

Court Of Justice ◽

European Court ◽

Ne Bis In Idem

The cases of Menci (C-524/15), Garlsson (C-537/16) and Di Puma (C-596/16 and C-597/16) deal with the duplication of criminal and punitive administrative proceedings for the same conduct in the area of VAT and market abuse. The Court of Justice of the European Union (CJEU) held that this duplication of proceedings constitutes a limitation of the ne bis in idem principle of Article 50 of the Charter of Fundamental Rights (Charter). This infringement is only justified if the requirements of the limitation clause of Article 52(1) of the Charter are met. The judgments were highly anticipated as they constitute the response of the CJEU to the judgment in A and B v Norway delivered by the European Court of Human Rights (ECtHR), in which the ECtHR lowered the level of protection afforded by the ne bis in idem principle of Article 4 of Protocol No. 7 to the European Convention of Human Rights (A4P7 ECHR). While there are differences between the approaches taken by both courts, it appears that the reasoning of the CJEU in the judgments largely mirrors that of the ECtHR in A and B v Norway. This article frames the judgments in terms of the dialogue between the CJEU and ECtHR on the ne bis in idem principle. It does so chronologically, by focusing on the past, present and future of the ne bis in idem dialogue between both European courts.

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Who is Entitled to the Right to Respect for Family Life Under the European Union Law?

Teisė ◽

10.15388/teise.2019.110.2 ◽

2019 ◽

Vol 110 ◽

pp. 24-45

Author(s):

Ingrida Danėlienė

Keyword(s):

European Union ◽

Human Rights ◽

Family Life ◽

National Level ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

European Union Law ◽

The Republic ◽

The Right

[full article, abstract in English; abstract in Lithuanian] The article investigates the right to respect for family life, established by Article 7 of the Charter of Fundamental Rights of the European Union, as applied and interpreted in conjunction with the right to marry and the right to found a family, laid down in Article 9 of the Charter. The standard of protection set by European Union law regarding these rights is identified by taking into account the standard of protection of the relevant rights established by the European Convention on Human Rights and the established case law of the European Court of Human Rights. Topical issues relating to the consolidation of these individual rights at the national level in the Republic of Lithuania are also addressed in the article. In doing so, an emphasis is laid on the content of the concepts of “family” and “family life” under supranational and national law.

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The New Paths of Fundamental Rights in the 21st Century

Advances in Electronic Government, Digital Divide, and Regional Development - Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society ◽

10.4018/978-1-5225-8350-9.ch001 ◽

2019 ◽

pp. 1-26

Author(s):

Fátima Monteiro Pacheco ◽

Dora Resende Alves

Keyword(s):

European Union ◽

Human Rights ◽

Essential Elements ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Common Space ◽

Legal Structure ◽

The Law ◽

Constitutional System

The protection of fundamental rights is one of the essential elements of European identity. Thus, knowledge of the law is crucial for the realization and guarantee of fundamental rights: knowing the law must be the first of the fundamental rights that assist us. Despite the abundance of declarative texts, the lack of identification and visibility and the lack of knowledge about the gracious and contentious ways, continue to be barriers to the full affirmation of those rights. The authors present a review on the legal structure of this novel space in which we move: a common space without borders, a space of democracy, an area of freedom, security, and multiculturality. Elencare which rights to citizens and how to access them intends to give shape to a future portal of enlightenment. The approach will be tripartised by the portuguese constitutional system, the European Convention on Human Rights and the European Union.

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