European Union Human Rights Law

European Union Human Rights Law

The Dynamics of Interpretation and Context

Marton Varju

The European Union’s jurisprudence is responsible for a complex body of human rights law which pursues a busy, multi-tiered agenda and is essential for the lawful and the effective operation and development of the EU polity and its legal order. This innovative book investigates the character of EU human rights law as shaped by the interplay between interpretation and context in the jurisprudence of EU courts.

Chapter 5: Justice and human rights in the EU

Marton Varju

Subjects: law - academic, constitutional and administrative law, european law, human rights, politics and public policy, human rights


This chapter investigates the interpretation of human rights by EU courts within the confines of the EU's legal and institutional arrangements for the administration of justice. It looks at two interrelated interpretative environments for human rights; the procedures before the courts of the EU acting in their capacity of ensuring the legal accountability of the EU institutions and the principles enabling the EU Court to interfere with the system of remedies and procedures before national courts which in the EU's multi-layered judicial system act as agents of the enforcement of EU law. In the first case, judicial interpretation had to confront the contradiction between the Treaty provisions regulating at a constitutional level the jurisdiction of EU courts and the demands of the EU's rule of law principle for the effective judicial control of EU legislative and administrative action. The interpretative solution, as in other areas of the human rights jurisprudence, was found at the national level in the responsibility of national courts for the effective operation of the EU constitutional order. In the second case, the interpretation of rights is determined by the interplay between the general requirement of effectiveness, which enables the EU Court to interfere with national law to ensure the effective enforcement of EU law, and the autonomy of the Member States to design and operate the national system of remedies and procedures for the protection of rights.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information