fundamental rights in the EU Flashcards
which article is the charter of fundamental human rights found? what is it on par with?
Article 6 TEU
treated the same as treaties
now gives a clear provision for how fundamental rights are protected.
what did Stauder v City of Ulm find?
the commission stated that identification by name was required to distribute butter. however the court of justice found that identification by name was not required. the criteria was whether it was compatable with the general principles of community law.
The question was not towards the validity of the German national constitution but rather at the general principles of community law in force. held not required by act.
firstly what was stated in the case of Geitling v High Authority?
It was said that there is no such general principle for protecting fundamental rights in the view of the courts.
secondly, what was sated in the case of Stauder v City of Ulm?
it was stated that there is fundamental rights protection and it is part of the general principles of law.
what significan step was made in caes of Geitling v High Authority and Stauder v City of Ulm
there was a significan step in the regognition of fundamental rights as a general principle of law.
what did Handelsgesellschaft back up? what was there a complaint of?
backed up stauder in saying that fundamental rights forms an integral part of general principles of law
complaint that constitutional law was breached in Germany. Germany said that it did breach its constitution and did not agree with the COJ
what was found in the case of Kadi?
to do with a potential terrorist and the UN would freeze the assets of anyone that was a potential suspect without the possibility of movement of capital or movement. the European institutions said that they cannot escape their fundamental rights obligations, even if this meant that this would be breaching international law. therefore regulation was annulled. If the UN’s judgement was allowed the this would infringe upon the supremacy of the EU. EU is an autonomous legal system which should not be bound by an international agreement.
what was shown in Nold?
Nold showed us that the EU draws inspiration from the member states constitutions. therefore the standards of EU law will not breach national constitutional standards.
the take away message is that we now know that the common constitutional traditions of the member states are a source of the general principles aswell as the international treaties to which the member states are part of.
what did the case of Carpenter show?
married mr carpenter. told to leave as she overstayed her visa. interference of right to family life. UK has long case law saying that she cant stay in the country. EU fundamental rights were invoked. court of justice would also take into account the ability of freedom to move.
what did the case of NS V secretary of state show?
asylum seekers went to the UK. UK have discretion to return them back to greece. however states must have mutual recognition of other states. member states must be aware of the deficiencies of other member states and greese had poor asylum. therefore there was fundamental rights protection not to return them to their country
what did the case of Coman show?
gay couple wanted to move into romania but recognition of gay marriage was not recognised in that country so refused to let him in. therefore question of free movement and marriage to be recognised. the charter of fundamental rights states that people have a right to not be discriminated against and therefore the ECJ had an intrest in this case.
the ECJ challenged the right to free movement and as a result also the recognition of a marriage and found that this was a breach of their right to free movement. therefore their fundamental rights were in breach
why was the case of Bosphorus important?
Ireland compounded an aircraft because EU law told them too. this was in breach of The charter of fundamental human rights and therefore there is confusion which one to follow. Court of justice said that if there is a breach in the convention because they had to follow EU law then there is no breach. thus creating a higher bar for the claimant to prove that their fundamental rights have been breached.
