Chapter 4

• Human Rights in Constitutions


  Modern constitutions often emphasize the protection of human rights, establishing limits to governmental actions primarily through judicial review
• European Union's Approach


  The EU follows a broad constitutional tradition, considering itself founded on values of human dignity, freedom, democracy, equality, rule of law, and respect for human rights. These principles limit the exercise of all Union competences
• Sources of Human Rights in the EU

  • General Principles
  • European Convention on Human Rights (ECHR)
  • Charter of Fundamental Rights
• General Principles


  Derived from the constitutional traditions of Member States
• European Convention on Human Rights (ECHR)


  An external bill of rights informing EU principles
• Charter of Fundamental Rights


  A written bill of rights specific to the EU
• Article 6 of the Treaty on European Union: The Union recognizes the rights, freedoms, and principles set out in the Charter of Fundamental Rights of the EU. The Union shall accede to the ECHR. Fundamental rights, as guaranteed by the ECHR and constitutional traditions common to Member States, constitute general principles of the Union's law
• Early Absence


  The original European Treaties did not explicitly reference human rights
• Stork Case (1958)


  The Court rejected national fundamental rights as direct sources for European rights but later developed implied EU fundamental rights from general principles
• Internationale Handelsgesellschaft Case


  The Court confirmed that fundamental rights form an integral part of general principles of EU law, inspired by Member States' constitutional traditions
• European Standard - An Autonomous Standard


  The Court draws inspiration from Member States' constitutional traditions but is not bound by any specific national or international standard, allowing for an autonomous EU standard
• ECHR


  Post-Lisbon, the ECHR is materially binding on the EU, potentially providing a minimum standard for EU law
• Limitations and "Limitations on Limitations"

  • Proportionality Principle
  • Essential Core Doctrine
  • Zambrano Case
• Proportionality Principle


  Any restriction on fundamental rights must be proportionate to the public interest
• Essential Core Doctrine


  Limitations must not undermine the very substance of a fundamental right
• Zambrano Case


  Established that limitations must not deprive Union citizens of the genuine enjoyment of their rights
• Bosphorus Case


  Addressed whether EU actions implementing UN embargoes could violate fundamental rights, affirming that all European legislation, regardless of origin, is subject to human rights limitations
• The Charter of Fundamental Rights

  • Proclamation and Legal Value
  • Codification of Rights
  • General Provisions
• Proclamation and Legal Value

  Proclaimed in 2000, the Charter was given the same legal value as the Treaties by the Lisbon Treaty
• Codification of Rights


  The Charter codifies existing rights from various sources, including the ECHR and Member States' constitutional traditions
• General Provisions


  Establish principles for interpretation and application of the Charter, including addressing the Union and defining limitations on rights
• Rights vs. Principles


  • Hard Rights: Directly effective and enforceable
  • Soft Principles: Serve as guidelines and are judicially cognizable only in interpreting acts and ruling on their legality
• The "External" Bill of Rights: The European Convention on Human Rights


  • Before Accession: Indirect Review of Union Law
  • After Accession: Direct Review of Union Law
• Member State Responsibility


  States could not escape international obligations by transferring powers to the EU. The ECHR provided a standard for indirect review of EU acts
• Bosphorus Presumption


  Established that Member States are not responsible for EU acts if the EU provides equivalent human rights protection
• Post-Accession


  The presumption may cease, and the EU could be subject to full external review by the European Court of Human Rights
• Three Bills of Rights

  The EU's fundamental rights framework includes an unwritten bill of rights from general principles, the Charter of Fundamental Rights, and the ECHR
• Ambivalence


  The relationship between these internal and external bills of rights remains unsettled, impacting the EU's approach to fundamental rights protection