1. Comparative constitutional law

2. Theme 5 the protection of fundamental rights in Europe

3. Levels of protection
national system of protection, on the basis of national catalogues and/or international catalogues
Examples: UK – Human Rights Act
Example: Germany – Basic Law
Example: France – Constitution and ECHR
ECHR: compliance mechanisms at European level with ECtHR
EU: multi-level system of fundamental rights protection

4. National systems of fundamental rights protection
How and by whom?
Role of courts

6. European Court of Human Rights (ECtHR)
located in the city of Strasbourg, France
one judge per member-state
elected by Parliamentary Assembly
renewable 6-year terms

7. What can citizens ‘do’ with the ECHR?
Before a national court? Depends on the system
France, Belgium, Netherlands
Germany, UK
Before the ECtHR: individual complaint procedure

8. The European Union and Fundamental Rights
Charter of Fundamental Rights
Accession to the ECHR
Respect for fundamental rights as general principles of EU law, drawn from national constitutional traditions and ECHR and other treaties.

9. The European Union and Fundamental Rights – a fundamental rights policy
Commissioner for Human Rights
Fundamental Rights Agency
Fundamental Rights legislation – directives to be implemented by member states

10. Fundamental rights protection in complex and intertwined systems
Is the EU bound by the ECHR?
Art 6 EU, not party
Can a member state be held liable for infringement of the ECHR when it merely implements EU law?
Bosphorus

11. Fundamental rights protection in complex and intertwined systems
Is a MS liable under EU law if it infringes EU law in order to protect fundamental rights?
Schmidberger
Should the level of protection offered in Europe always be the same?
article 53 ECHR, article 53 Charter, subsidiarity, margin of appreciation, Omega
Should the fundamental rights in the national constitution mirror the ECHR and/or the Charter?