Human Rights in the EU

Question 1

How have the Human Rights in the EU been integrated before the Single EU Act (1986)?

Answer 1

• The Treaties of Rome mention provisions such as the equality in pay between men and women
• Cases such as:
  1. Stauder case (1969): ECJ declared that fundamental rights are part of general provisions (above secondary law).
  2. Handelgesellschaft case (1970): ECJ said it would have taken inspiration from national courts after German Constitutional Court expressed concerns on the protection of fundamental rights in the EU.
  3. Nold case (1974): ECJ said it would have been guided by international instruments such as the European Convention on Human Rights.

Question 2

How did the integration of Human Rights in the EU go after the Single European Act (1986)?

Answer 2

• Single European Act (1986): the first treaty to make reference to fundamental rights
• Maastricht Treaty (1993): First to refer explicitely, stated that EU must respect HR but the Art. F was not subject to review by the CJEU (uncertainties).
• Amsterdam Treaty (1999): Art. 6 established that the EU is founded on the principles of liberty, democracy, respect for human rights and the rule of law.
• Treaty of Nice (2001): Adopts the Charter of Fundamental Rights
• Treaty of Lisbon (2009): Incorporates the CFR in the body of the treaties making it legally binding.

Question 3

European Convention on Human Rights: when? What does it do? What are the chapters?

Answer 3

• 1950 but came into force in 1953
• It codifies existing rights
• 6 Chapters:
  1. Dignity
  2. Freedoms
  3. Equality
  4. Solidarity
  5. Citizens’ rights
  6. Justice
• General Provisions.

Question 4

How did the CFR become legally binding?

Answer 4

With the Treaty of Lisbon (2009) the Art. 6 of the TEU was revised adding that the Charter of Fundamental Rights of the EU “shall have the same legal value as the Treaties”.

Question 5

What articles circumscribe the application of the Charter of Fundamental Rights of the EU?

Answer 5

• Art. 51: On its restrictive scope, as it’s applicable only when MS are implementing EU Law.
• Art. 52: It distinguishes between rights (legally enforceable) and principles (require translation through legislation and policy).

Question 6

What is the relationship between the CFR and the ECHR?

Answer 6

1. Overseen by different Courts (ECJ: CJEU // EConventionHR: ECourtHR).
2. They seem complementary rather than competing as the ECHR served as a baseline
3. BUT, the CFR states in Art. 52 that it aims at going beyond the minimum standards set by the ECHR.
4. BUT, the ECHR is the primary reference.
5. Bosphorus Case (2005): as long as the EU provides equivalent protection, the ECtHR will not intervene.

Question 7

Why is it difficult for the EU to join the ECHR?

Answer 7

The CJEU ruled that the draft agreement for the EU to join the ECHR was incompatible bc
1. The importance of maintaining the autonomy of EU’s legal order.
2. There could be conflict between the two Courts (EU would be subject to an external judicial review).