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EU Charter of Fundamental Rights
Terms in this set (16)
Nice Treaty 2001-03
Idea of a charter of fundamental rights was introduced, inspired by the ECHR but would encompass a broader range of rights e.g. social, economic
Lisbon Treaty 2007-09
EUCFR given legal effect
Sources of rights in the CFR
-Rights found in case law of the CJEU
-Rights from ECHR
-Rights from MS constitutional principles and international instruments
Types of rights in CFR
Current challenges the CFR could be linked to
-1. Migration- right to asylum but there is a current migration 'crisis' with people coming from outside of Europe, should rights be extended to them? What about worker's rights?
2. Brexit- how does Britain pulling out of the EU affect its access to the CFR? Will others follow in Britain's footsteps?
Countries which pose challenges to the CFR
1. Hungary 2010-16- issues with some of the policies they have implemented e.g. anti-migration, President not looking for a liberal democracy, what challenges does this pose to the CFR?
2. Poland 2015-16- issues with the rule of law being upheld in the Polish constitutional system, are citizen's rights being protected by proper practice e.g. Ombudsman (no transparency with decisions)
Article 6(1) TEU
Union recognises that the rights set out in the CFR will have the same value as the Treaties
Defrenne v Sabena
Issue over woman not receiving equal pay, MS didn't want to implement the directive so didn't, the law moved things along by holding that she had this individual right- could create division with MS over who should determine what fundamental rights should be enjoyed
CJEU has created a doctrine of protection for EU rights (String of German cases before this expressing dissatisfaction- this case ruled they were satisfied)
German case- no need to question primacy of EU law if the protection/development of fundamental rights is sound
Fundamental rights are protected by international treaties and informed by the new EU legal order (direct effect and primacy)- suggestion that EU has competences over fundamental rights?
CJEU deference to German law- held that human dignity was an individual right in Germany rather than using it as an umbrella term to apply to all other MS- shows EU reluctance to have full competence over this area
Broad interpretation taken of embryo rights to prevent embryo exploitation (even though no embryos would be harmed in the process)- shows that CJEU not always willing to defer to MS, will interfere when necessary question of fundamental rights arise
Fundamental rights are overly informed by European integration meaning individual rights concerning particular countries can go under the radar
Interpretation of fundamental rights by the CJEU can inform their decision-making sometimes expanding their competences (e.g. Brustle)
Actions of UK and Poland
Signed protocol stating that the CJEU can't find their laws inconsistent with the CFR- ways to limit the competences of the EU/ suggests that they may have too much power in this area
THIS SET IS OFTEN IN FOLDERS WITH...
The Supremacy of EU Law
EU Law: FMG - Article 34 TFEU
Preliminary Reference Procedure
EU Law Germany and EU Supremacy (4b)
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