Human Rights

Question 1

Which case first recognises fundamental rights as general principles?

Answer 1

Internationale Handelsgesellschaft (1970) 
"respect for fundamental rights has an integral part in the general principles of law"
"The protection of such rights must be insured within the framework of the Community's structure and objectives "

Question 2

Which case defines the relevant fundamental rights?

Answer 2

Nord v Commission (1974)
“In assuring the protection of human rights, this court is required to base itself on the constitutional traditions common to member states and therefore should not allow measures which are incompatible to member states”
Has to be shared by all member states and accepted in the same way that member states have accepted EU law.

Question 3

Which case first mentioned the European Convention of Human Rights and the fact that all member states are members?

Answer 3

Rutili (1975)

Question 4

Which case showed that ECHR (EUROPEAN CONVENTION OF HUMAN RIGHTS) has a main influence on determining the scope of human rights protected as general principles of EU law?

Answer 4

ERT (1991)

Question 5

When are challenges to national law under fundamental rights allowed?

Answer 5

1) When member states implement EU law
2) When member states apply national law that falls within the scope of EU law
3) Since charter

However when a situation falls outside the scope of EU law, the EU has no competence and MS are not under an obligation to comply with EU law.

Question 6

Explain the Charter of Fundamental Rights

Answer 6

Proclaimed in 2000
Incorporates a larger number of rights and freedoms than any other Human Rights Treaty
Division between civil and political rights, and economic, social and cultural rights

Question 7

Why is Stork (1959) important?

Answer 7

High Authority can not examine a ground of complaint if it infringes principles of national law
(has now changed)

Question 8

Which article explains fundamental rights are recognised in the charter?

Answer 8

Article 6 TEU

Question 9

Which articles prevent discrimination?

Answer 9

Articles 18 TFEU and 19 TFEU