The Treaty of Lisbon and the Future of European Law and Policy
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The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.
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Chapter 12: EU Human Rights Protection after Lisbon

Wolfgang Weiß


Wolfgang Weiß 1. INTRODUCTION The Lisbon Treaty changed the EU human rights scenario. Under Article 6 (1) TEU, the Charter on Fundamental Rights (CFR)1 has become a legally binding instrument of primary law. According to Article 51 (1) CFR, the Charter is now binding on the EU institutions and the Member States. This is not the only innovation brought in by Lisbon. The Lisbon Treaty also profoundly changed the legal significance of the European Convention on Human Rights (ECHR). This does not only refer to the future accession of the EU to the ECHR. Already with the entry into force of the Lisbon Treaty the importance of the ECHR for EU law has increased due to Article 52 (3) CFR which provides that the meaning and scope of those rights in the CFR that correspond to rights guaranteed by the ECHR are the same as those in the ECHR. Thus, core norms of the ECHR become materially incorporated into EU law (see infra, Section 2). The ECHR is additionally referred to in Article 6 (3) TEU which corresponds almost literally to Article 6 (2) TEU-Nice version and which mentions the ECHR as one of the sources for the identification of fundamental rights as general principles of EU law.2 Republished in OJ [2010] C 83/389. Article 6 (3) TEU refers only to the ECHR which, however, does not rule out other international human rights instruments (as questioned by Dougan, M. (2008), ‘The Lisbon Treaty’, Common Market Law Review,...

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