Fundamental Rights

Question 1

How many generations of fundamental rights are there

Answer 1

3

Question 2

Describe the 1st generation of fundamental rights

Answer 2

-Civil and Political Rights
addressed to citizens, not to gov.
-negative obligation on the state
-neg. obl. –> restricts/ prohibits state from certain conduct or interference with individual rights or freedoms
-citizens can take gov. to court if rights restricted

Question 3

Describe the 2nd generation of Fundamental Rights

Answer 3

-addressed 2 gov not citizens
-imposes pos. ob. on the gov
-obligens the government to carry out certain things
-citizens can not enforce them in court
-parliament can hold the gov. accountable
-Social rights (e.g: right to marry)
-economic rights (right to employment)
-Cultural rights (right to education)
-but not citizens WATCH LECTURE

Question 4

Describe the 3rd generation of fundamental rights: Group and Solidarity rights

Answer 4

-not addressed to the individual, but to a wider, societal dem.
-group rights: right to development or whaterver

Question 5

List the enforcement methods of the ECHR

Answer 5

• State complaints procedure
  -Individual complaints procedure
  -Duty to report

Question 6

Explain the state complaints procedure

Answer 6

• State v. state complaint
  -NB: limited, last resort
  -usual based on claim on jurisdiction on the basis of passive nationality

Question 7

Explain the individual complaints procedure

Answer 7

• An individual (citizen of a country party) say vio. of fund. rights by state!
  -ind. v. state (vertical)

Question 8

Explain the duty to report obligation of the ECHR

Answer 8

-MS have to reg. write about their efforts to achieve. conv. rights
-Sometimes, special non-gov. committes will give suggestions
-pressure 2 follow the conv. 2 maintain good public image
-suggestions not mandatory
-takes a long time 2 make reports and suggestions,
-suggestions might not be relevant anymore when they’re finished

Question 9

List the methods of interpretation of the ECHR

Answer 9

-autonomous interpretation
-living instrument
-meta-teological
-effective approach

Question 10

Explain what autonomous interpretation is

Answer 10

• legal terms have own meanings, ind. of MS interpre.
  -the court defines that
  -MIGHT use same def as MS
  -allows for more uniform application

Question 11

Explain what living instrument is

Answer 11

• interpretation in light of present day circumstances

Question 12

Explain what the meta teleological mode of interpretation is

Answer 12

-court shall interpret state obl. in the spirit of core values:
-human dig.
-pluralism
-democracy

Question 13

Explain what effective approach is

Answer 13

• Derives the most appropriate and justifiable meaning from legal texts 2 ensure their
  -practical application aligns with the intended legal principles and obj.

Question 14

List 4 major sources of the right of freedom of expression

Answer 14

1. UDHR
   2.ICCPR
   3.ECHR
2. EU Charter

Question 15

Explain Robert Alexy’s Dual Nature Thesis

Answer 15

Real (practical) side
-scope: rights are written down and enforced by law
-CL has scope that is written down

Idealistic side
-CL goes beyond the scope of law to consider bigger ideas
-judicial activism required to some extent

-attempts to fully postivise/ codify CL are futile because always some idealistic lofty side