The Principle of Proportionality and Fundamental Rights ég þarf að skoða betur

Question 1

What are the things you need to show to that a measure is proportionate ?

Answer 1

Suitability/appositeness:
The measure must be suitable (appropriate, reasonably likely) to obtain the objective.

Necessity:
whether other less restrictive measures are available.

In some cases a balancing act is needed (Stricto Sensu) see e.g. Schimdberger

Latly the court has also been looking at:
Consistency and transparency

Question 2

For what prepose is the proportionality principle used?

Answer 2

Used for review of national measures restricting the fundamental freedoms.

Used for review of national measures restricting the fundamental rights under the Charter of Fundamental Rights

Question 3

Are states given more room in some instances?

Answer 3

Yes,

Very sensitive areas they are given more room, e.g. abortion and regulation of pornography (see e.g. Henn and Darby I think its called) Also in complex political objectives such as social policy issues

Question 4

What legal value dose the Charter of fundamental rights have

Answer 4

The same as the treaties

Question 5

In what situations are Member States required to comply with fundamental rights under EU law?

Answer 5

When implementing or applying EU law (Wachauf case law) — any national measure linked to the application, enforcement, or interpretation of EU secondary legislation must respect fundamental rights.

When derogating from EU law (ERT case law) — any derogation affecting EU fundamental freedoms must also be compatible with fundamental rights.

Question 6

Are EU institutions bound by the Charter?

Answer 6

Yes

Question 7

Can the charter be relied apon between two private parties?

Answer 7

Yes, see e.g.
Defrenne II – the principle of equal pay for female and male workers for equal work also extends to all agreements intended to regulate paid labour collectively, as well as to contracts between individuals.

Also C-144/04 Mangold – general principles of EU law (non-discrimination on grounds of age), can be relied on between private parties when further developed in directives.

Question 8

What are the 6 values found in the chartef of fundamental rights?

Answer 8

Dignity, Freedoms, Equality, Solidarity, Citizen’s rights and Justice