Browse by title

You are looking at 1 - 10 of 38 items :

  • European Politics and Policy x
  • Human Rights x
Clear All
You do not have access to this content

Civil Rights and EU Citizenship

Challenges at the Crossroads of the European, National and Private Spheres

Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger

The process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus.
This content is available to you

Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger

This content is available to you

Edited by Sybe de Vries, Henri de Waele and Marie-Pierre Granger

This content is available to you

Chiara Amalfitano

Chapter 1 examines the current system of fundamental rights protection in the European Union in light of Article 6 TEU, as reformed by the Lisbon Treaty. It analyses the Charter of Fundamental Rights and the general principles of EU law concerning fundamental rights, as well as the legal basis for the Union’s accession to the European Convention on Human Rights (ECHR). In particular, it investigates the assessment methods and elaboration techniques used by the European Court of Justice (ECJ) to affirm the existence of general principles on the protection of fundamental rights and tackles the legal and political impasse following Opinion 2/13. Based on the premise that accession is not indispensable, it examines a few alternatives to accession capable of improving the dialogue between the ECJ and the European Court on Human Rights (ECtHR), thus securing that, even if accession does not occur, the EU and ECHR systems will continue to coexist virtuously. Keywords: Article 6 TEU; Fundamental Rights Protection in the EU; General Principles on the Protection of Fundamental Rights; Charter of Fundamental Rights of the European Union; European Convention on Human Rights

You do not have access to this content

Chiara Amalfitano

You do not have access to this content

Chiara Amalfitano

This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
This content is available to you

Chiara Amalfitano

You do not have access to this content

Chiara Amalfitano

Chapter 2 analyses the relationship between the sources of fundamental rights protection in the context of Article 6 TEU. Although the Charter of Fundamental Rights largely reproduces the general principles developed by the ECJ, neither the Charter nor the Treaties contain any provision formally coordinating the two. The Charter and the general principles are instead expressly correlated with the ECHR, which continues to have indirect force in the EU system pending the Union’s accession to it. In dwelling upon the relevance of the ECHR in the EU legal order pursuant to Article 6(3) TEU and Article 52(3) of the Charter, the chapter appraises the coordination between the Charter’s provisions and the corresponding ECHR provisions looking at the case law of the ECJ and the ECtHR, and most notably the way the general principles of EU law coexist with the ECHR and with the Charter. Keywords: Relationships between sources of fundamental rights protection; Relationship between the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights; Relationship between General Principles on the Protection of Fundamental Rights and the European Convention on Human Rights; Relationship between General Principles on the Protection of Fundamental Rights and the Charter of Fundamental Rights of the European Union; Case Law

You do not have access to this content

Chiara Amalfitano

Chapter 4 focuses on the role that general principles of law could or should play today beside and beyond the Charter of Fundamental Rights. The interpretation and application of the general principles does not necessarily evolve in parallel with the Charter provisions. According to Article 6(3) TEU, these principles may also have an independent meaning and an autonomous legal life, i.e. not linked to the Charter, thus contributing to the evolution of the Union’s acquis Moreover, the analysis shows that, despite the Lisbon Treaty and regardless of the Charter’s homogeneity clause (Article 52(3)), even the existing general principles can continue to guarantee the specificities of the EU by allowing the Court to shape the ECHR provisions according to the particular needs of the EU system. The last part of the chapter addresses this conservative function of general principles, verifying whether they could protect the autonomy of the EU legal order even if the EU acceded to the ECHR. Keywords: The Role of General Principles on the Protection of Fundamental Rights (Non-Written Law) after the Lisbon Treaty; Complimentary Function of the Non-Written Law; Conservative Function of the Non-Written Law; General Principles on the Protection of Fundamental Rights and the Evolution of the EU acquis

You do not have access to this content

Chiara Amalfitano

Chapter 3 deals with the case-law developed by the ECJ in the field of fundamental rights protection since the entry into force of the Lisbon Treaty. It analyses those judgments where written (i.e. the Charter of Fundamental Rights) and unwritten (i.e. general principles) sources of law have been interpreted and applied in parallel, or at least where they could be so interpreted and applied. The chapter moves on to consider cases where the ECJ could have invoked alternatively or jointly both sources in ensuring the protection of fundamental rights but instead chose self-restraint by refusing to use them as standards of constitutionality, thus sometimes denying the protection of certain rights. Lastly, the chapter analyses cases in which the ECJ, also by virtue of the homogeneity clause of the Charter (Article 52(3)), could have set a higher standard of protection than that set by the ECtHR but decided not to. Keywords: Case Law of Court of Justice of the European Union after the Lisbon Treaty; Court of Justice and General Principles on the Protection of Fundamental Rights; Court of Justice and the Charter of Fundamental Rights of the European Union