Fundamental rights in the eu PDF

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FUNDAMENTAL RIGHTS IN THE EUPrinciple – A rticle 2 of the TEU : “The Union is founded on the values of respect forhuman dignity, freedom, democracy, equality, the rule of law and respect for human rights , including the rights of persons belonging to minorities.”  Article 6(1) TEU : “The Union reco...

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FUNDAMENTAL RIGHTS IN THE EU Principle – Article 2 of the TEU: “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.”  Article 6(1) TEU: “The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union… which shall have the same legal value as the Treaties.”  Article 6(3) TEU: “Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms ... shall constitute general principles of the Union's law.”

Key Cases 

STAUDER V CITY OF ULM 1969 – the issue was whether the German law violated the claimant’s fundamental right. HELD: The CJEU ruled that on a proper interpretation, the Union measure did not require the recipient’s name to appear on the coupon

Charter Of Fundamental Rights – a catalogue of rights protected under Union law & became a formal legal instrument under the Lisbon amendments of 2009. It provides 6 articles:  Dignity (i.e. the right of life, right of the integrity of the person)  Freedoms (i.e. freedom of assembly and association)  Equality – (i.e. respect for cultural, religious and linguistic diversity)  Solidarity – (i.e. rights to health care, right to social security, right to fair and just working conditions, right to collective bargaining and action)  Citizens' Rights (i.e. right to vote, right to stand as a candidate for a political election, freedom of movement and residence)  Justice – (i.e. right to fair trial, right of defence, presumption of innocence)

Key Cases 

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ÅKLAGAREN V FRANSSON (2013) – the issue was whether the criminal proceedings against Fransson could be dismissed on the grounds that he had already been punished for his acts. HELD: The CJEU ruled that that the fundamental rights guaranteed by the Charter must be complied with where national legislation implements Union law. Therefore, the tax penalty and criminal proceedings could both be imposed. (also see CRUCIANO SIRAGUSA V REGIONE SICILIA 2014) AMS 2014 – the issue was whether the French law was in breach of Directive 2002/14 and whether the claimant can rely on article 27 of the Charter in a dispute between private parties. HELD: The CJEU held that the French law was in breach of Directive 2002/14, but that this provision could not invoke direct effect. Also, they ruled that Article 27 was applicable because “the fundamental rights guaranteed in the legal order of the European Union are applicable in all situations governed by European Union law.” However, article 27 was not fully effective since it did not clearly confer rights which can be invoked upon individuals STEFANO MELLONI (2013) – the question was whether the Spanish Constitutional Court should comply with EU law and extradite Melloni, violating its own national constitution in the process; or could the national constitution’s integrity be upheld? HELD: The CJEU found that EU law is supreme over both national law and national constitutional law therefore the courts should comply with EU law.

European Court Of Human Rights - signed in 1950 by member states of the Council of Europe; all members of the EU are party to the ECHR; the ECHR is applied directly by the national courts and by the ECtHR in Strasbourg

Key cases 

BOSPHORUS V IRELAND – The question was whether the CJEU could give judgments relying on ECHR law. HELD: The ECtHR held that “State action taken in compliance with

[obligations entered into as a result of a transfer of powers to an international organisation such as the EU] is justified as long as the relevant organisation is considered to protect fundamental

FUNDAMENTAL RIGHTS IN THE EU rights…in a manner which can be considered at least equivalent to that for which the Convention provides” 

WACHAUF V GERMANY (1989) – the issue was whether the claimant’s right had been violated and whether the German authorities had applied Union law correctly. HELD: the CJEU ruled that the discretion given to Member States by the Regulation should be exercised in accordance with fundamental rights so national law which is incompatible with the ECHR will be contrary to Union law...