Fundamental rights

A difficult start… Stork case, 1958. the applicant challenged a ECSC decision on the ground that it infringed fundamental rights from the German Constitution. According to the Court, the task of European institutions is to apply European rules without regard for their validity under national law. Stauder case, 1969; Nold case, 1974; Internationale Handelgesellschaft case, 1979. The Court changed its position, after challenges from national constitutional Courts (Italian – Frontini case, 1973 and German – Solange I case, 1974).

Fundamental rights as general principles of Community law «Fundamental rights form an integral part of the general principles of law, the observance of which it ensures. In safeguarding these rights, the Court is bound to draw inspiration from constitutional traditions common to the Member States, and it cannot therefore uphold measures which are incompatible with fundamental rights recognized and protected by the constitutions of those States. Similarly, international treaties for the protection of human rights on which the Member States have collaborated or of which they are signatories, (European Convention on Human Rights) can supply guidelines which should be followed within the framework of European law».

Lisbon Treaty and fundamental rights – article 6 TEU «1. The Union recognizes the rights, freedoms and principles set out in the Charter of fundamental rights of the European Union of 7 December 2000,… which shall have the same legal value as the Treaties… 2. The Union shall accede to the European Convention for the protection of Human Rights and Fundamental Freedoms. Such accession shall not affest the Union’s competences as defined in the Treaties. 3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union’s law».

The EU Charter of fundamental rights Proclaimed in 2000 with no binding value. It became binding – with the same legal lvalue as the Treaties – only with the Lisbon Treaty (2007). The rights are divided in 6 chapters: I. Dignity; II. Freedoms; III. Equality; IV. Solidarity; V. Citizen’s rights; VI. Justice.

The EU Charter of fundamental rights Rights and principles. Rights have direct effect and can be invoked by natural persons before a court. Principles are not subjective rights, but rather objective guidelines, and they are not enforceable in court. Environmental protection is an example of principles. Article 37 EU Charter: «A high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union and ensured in accordance with the principle of sustainable development»,

… Limitations Some rights can be limited to safeguard general interest (example: property). Some other rights, on the contrary, are absolute rights (prohibition of torture and inhuman or degrading treatment or punishment). Limitations: 1. they have to be provided by law: 2. they have to be proportional; 3 they must respect the essence of the rights.

The EU and the ECHR Opinion 2/94: there is no competence for the EU for accession to the ECHR. It requires Treaty revision. Article 6, 2: obligation for the Union to accede to the ECHR. Dratf accession agreement finalized on April 5, 2013. Opinion 2/13: the Court again declared the accession agreement not compatible with the Treaties.

Human rights protection and international law – the Kadi case, 2005-2008 System of individual restrictive measures in the fight against terrorism. UN resolutions and EU regulations. Status of UN resolutions in the EU legal order. According to the Court deciding in appeal, human rights in the EU system are non derogable, even when implementing a UN resolution. Kadi II: same approach. «European Union measures implementing restrictive measures decided at international level enjoy no immunity from jurisdiction…».

Human rights as fundamental values of the EU Article 2 TEU: the EU is «founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights». Article 7 TEU: consequences of breaches of fundamental values by a Member State. Suspension of rights deriving from the Treaties to the State in question.

Fundamental rights as an objective of the EU’s external action Article 21 TEU, objectives of the EU’s external action: «b) consolidate and support democracy, the rule of law, human rights and the principles of international law».