International Law, the ECHR, and the EU

This chapter focuses on the relationship between international law, the European Convention on Human Rights (ECHR), and the EU. International law features with respect to the EU both as an object of the EU's internal fundamental rights regime and as a source of human rights obligations. Whereas the latter reflects the original conception of international human rights law, the former is capable of generating unease due to the scope for contravening the principle of supremacy of international law. Moreover, although the ECHR can, in principle, be regarded as international law, it is of special importance to the legal order of the EU and its Member States, in addition to representing the most developed regional regime of human rights protection in the world. The specific character of the EU as neither a typical international (intergovernmental) organization nor a state often complicates the relationship with international law further. Nonetheless, Article 3(5) TEU requires the EU to contribute, in its international relations, ‘to the protection of human rights as well as the strict observance and the development of international law, including the respect for the principles of the United Nations Charter’. The chapter then looks at other Council of Europe instruments and the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD).

Human Rights in EU Development Policy

This chapter studies the role of human rights in EU development policy. The place of human rights in development policy was solidified at the constitutional level with the entry into force of the Lisbon Treaty, which made the promotion of human rights in all EU external action a legal obligation. As a result, different institutional mechanisms, thematic guidelines, and dedicated instruments and strategies have been put in place to consolidate a comprehensive operational framework aimed at ensuring that EU development programs advance human rights worldwide coherently and consistently. EU development policy is a shared competence, which means that both the EU and its Member States are entitled to act within this domain, as long as national actions do not undermine EU laws and positions. The sharing of competences, however, makes it more difficult for the EU to live up to the commitment of coherent and consistent promotion of human rights. In any case, substantial amount of coordination between the EU and the Member States is required in order to deliver coherence in development policy. However, the role of the EU as a normative leader in development cooperation remains subject to a multitude of long-standing criticisms and various evaluations of EU human rights policy point to a series of mixed results and missed opportunities.

Human Rights in EU Migration Laws and Policies

This chapter analyses the tools used as part of EU migration policy and argues that these are very much focused on control which has negative implications for the human rights of migrants. The EU's current status as a major international player in migration governance has become only possible after the development of the relevant competences on migration and asylum. The original Treaty of Rome included no provisions on migration other than those ushering in the free movement of workers among EU Member States. Today, the free movement of EU Member State nationals has been incorporated into the notion of EU citizenship which does not create a new and separate bond of nationality between the EU and the citizen, but refers to a collection of rights, duties, and political participation stemming from EU law. While the notion of migration covers both immigration and emigration, the chapter focuses on the laws and policies regulating immigration into the EU and briefly touches upon third country nationals' (TCNs) rights of residence and movement within the EU.

Fundamental Rights in EU Competition Enforcement

This chapter assesses the role of fundamental rights in EU competition enforcement. EU competition policy comprises a number of limbs, each with its own peculiarities and rules but together contributing to the objective of protecting (relatively) undistorted competition in the Union's internal market. The key reason why EU competition policy is an interesting and important case study from the point of view of fundamental rights application is enforcement. Unlike in other areas, the EU, in particular the European Commission, wields considerable powers when it comes to the protection of undistorted competition in the internal market. Although the extent of the enforcement powers and their potential impact on fundamental rights differs between the various aspects of competition policy, the field as a whole embodies supranational authority as almost none other. This is so despite the fact that in enforcing competition law the Commission cooperates closely with national competition authorities (NCAs) as part of the European Competition Network (ECN) and that the majority of decisions applying EU antitrust rules are taken by the NCAs.

Equality and Non-discrimination Law in the EU

This chapter addresses equality and non-discrimination, which are explicitly acknowledged as foundational values in the EU context in Article 2 TEU. Similarly, the right to non-discrimination enjoys wide recognition in international human rights law. In the EU, non-discrimination had a specific role to play from the outset of European integration. Despite being founded without explicit reference to human rights, the original Treaty of Rome nonetheless prohibited discrimination on the basis of nationality (now Article 18 TFEU), as well as discrimination regarding pay between men and women (now Article 157 TFEU). Today, the scope of non-discrimination was enlarged, paving the way for Directives on racial equality and non-discrimination in the field of employment on the grounds of religion, disability, age, and sexual orientation. Moreover, the Court of Justice of the European Union (CJEU) identified the principle of equality as a general principle of EU law.

Fundamental Rights in the EU Institutional Landscape

This chapter examines the roles of the various institutional actors in the EU fundamental rights architecture. The European Commission is the most well-known supranational institution of the EU. It acts as the central pillar of the EU system with responsibilities spanning legislative proposals and enforcement of EU law, among others. As such, the Commission has an important role in ensuring that EU and implementing national law is consistent with fundamental rights. The conduct of the Commission itself is equally subject to fundamental rights requirements which is of additional significance due to its external representation role in which the Commission should also promote human rights. The other institutional actors include the European Parliament; the Council of the European Union; the Court of Justice (CJEU); the European External Action Service (EEAS) and EU Special Representative (EUSR) for Human Rights; the EU Agency for Fundamental Rights (FRA); the National Human Rights Institutions (NHRIs); the national equality bodies (NEBs) and national data protection authorities (NDPAs); and the European Ombudsman. Although the Member States are not EU institutions or bodies, their importance in the EU system overall and for the protection of fundamental rights in particular cannot be overlooked.

Human Rights in EU External Action

This chapter describes the central aspects of human rights in EU external policies and representation. As such, it focuses on the second prong of the EU's relationship with human rights — their external promotion (as opposed to their internal protection). The general principles and objectives of EU external action are unsurprisingly enshrined in the EU Treaties. The most important provisions in this regard are Articles 3(5) and 21 TEU, although Article 49 TEU (enlargement) and Article 8 TEU (neighbourhood) in conjunction with Article 2 TEU (EU values) are also of relevance for the respective policy domains. When it comes to the specific objective of promoting human rights, the policy is elaborated in the EU Strategic Framework on Human Rights and Democracy, which constitutes the central reference point in EU human rights policy. It is complemented and operationalized by more specific policy documents (notably the EU Action Plan on Human Rights and Democracy) and instruments. The chapter also discusses the Common Foreign and Security Policy (CFSP).

The EU Legal Framework for the Protection of Fundamental Rights

This chapter offers a global view of the EU legal framework for the protection of fundamental rights and the basic functioning of its key constituents, most notably the Charter of Fundamental Rights. The EU Charter of Fundamental Rights was originally devised in 2000 by the so-called European Convention consisting of representatives of the European Parliament, national parliaments, the European Commission, and national governments. The Charter today is the centrepiece of EU fundamental rights law and policy. It is a separate document from the Treaties but holding the same legal value. It consists of a preamble and seven titles, the first six of which contain substantive rights and principles on dignity, freedoms, equality, solidarity, citizens' rights, and justice. The last title covers general provisions on the field of application of the Charter, its scope and interpretation, level of protection, and a prohibition of the abuse of rights. The chapter then considers EU secondary law; the principle of mutual trust; and the protection of EU values through Article 2 and 7 TEU.

The Emergence of the EU’s Commitment to Human Rights

This chapter discusses the emergence of the European Union's (EU) commitment to human rights. The EU's de facto constitution has not always been endowed with human rights provisions. The original founding Treaties contained no mention of human rights — or ‘fundamental rights’ in EU jargon — and this remained the case until the adoption of the Treaty of Maastricht in 1992. As the pace of integration started to pick up and more policy areas became of EU relevance, human rights have also been gradually brought into the fold. Similarly to other aspects of EU law, judgments of the Court of Justice of the European Union (CJEU) have played an important role in establishing the EU's commitment to human rights at the outset of the integration process. Today, the EU is a recognised human rights actor both globally and in Europe and its neighbourhood. It has its own legally binding ‘bill of rights’ in the form of the EU Charter on Fundamental Rights and a dedicated Fundamental Rights Agency (FRA). Nevertheless, like other global political actors, the Union's human rights commitment faces both internal and external pressures from competing objectives, interests, as well as challenges which test the authenticity of its proclaimed human rights identity and aspirations.

Concepts and Language of Human Rights in 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.