Fundamental Rights

Question 1

ECJ’s recognition of FdR

Answer 1

1. Common constitutional tradition of all MS:
   - As a principle of EU law
2. International treaties are recognized as a source on which the ECJ can rely
3. Maastricht Treaty:
   - Art. 6 and 2 TEU is the first codification of specific rights (discrimination)
4. EU Charter of FdR:
   - Part of the Constitutional Treaty
   - Because the Constitutional Treaty failed, the Charter as such did not have any binding effect yet
5. Lisbon Treaty:
   - EU Charter is now binding (same legal status as the Treaties)
   - EU should accede to the ECHR

Question 2

EU Charter of FdR

Answer 2

1. Same legal value as the Treaties
2. To whom is it applicable?
   - To all institutions, bodies and agencies of the EU
   - To all MS when implementing EU law
   - Poland and UK opted out

Question 3

Limitations to FdR

Answer 3

1. Is there an interference?
2. Is it provided by law?
3. Is it justified? (in the general interest)
4. Is it proportional to the goal to be achieved?
   - Appropriate
   - Necessary
5. It must be interpreted in accordance with national law
6. Minimum harmonisation – As long as ECJ has not already ruled on the matter
7. Courts (both EU and national) must give an explanation for the limitation

Question 4

EU accession to the ECHR

Answer 4

Nope, not under the current agreement - ECJ ruled that its scope was too broad:

• Because it included CFSP which is not yet fully integrated as an EU competence
• It would force certain EU MS which are not party to the ECHR to accede it

Question 5

Effect of FdRs

Answer 5

1. Vertical direct effect - Recognised
2. Horizontal direct effect - Not really
3. Horizontal indirect effect - Recognised, the courts must interpret the law in accordance with FdR