Fundamental Rights (Essay)

Question 1

What are some of the General Principles of Law that the CJEU has identified?

Answer 1

1. Fundamental rights
2. Equality
3. Rules of administrative justice (e.g. proportionality, legal certainty)

Question 2

Why are GPLs useful?

Answer 2

1. Allow the CJEU to ‘update’ EU law and fill any legislative gaps
2. MS/individuals may rely on GPL to challenge EU measures
   - – Mangold
3. GPLs place obligations on MS when they act within field of EU law

Question 3

What are the sources of GPLs?

Answer 3

1. Public int’l law
   - – ECHR
   - – 1990 UN Convention CRC
2. Domestic legal systems (e.g. national constitutions)
   - – Hoogovens v High Authority
3. CJEU’s decisions
   - – e.g. Akerberg Fransson

Question 4

Arguments for legitimacy of GPLs?

Answer 4

1. If FRs not protected, then citizens’ status as subjects of the EU rendered pointless

Question 5

What are the sources of FRs?

Answer 5

1. TFEU , TEU (Arts 2, 6, 7 TEU)
2. EU 2ndary legislation (e.g. Directives on equality)
3. Charter of FR
4. ECHR
5. CJEU decisions
   - – Kadi I

Question 6

How to determine if national legislation is within the scope of EU law so FRs can be protected?

Answer 6

Cruciano Siragusa:
1. If law is intended to implement EU law provision

2. Nature and objectives of law, even if it can indirectly affect EU law
3. If there are specific EU rules on the matter or capable of affecting it

Question 7

Retention of data by govts for possible investigation of serious crime = Direct contravention of Arts 7 and 8 of CFR

Answer 7

Digital Rights Ireland