Charter of fundamental rights 4.0 / 5 based on 1 rating ? LawLaw and Policy of the EUUniversityNone Created by: HopeCreated on: 08-05-16 08:44 What are the 3 strands of legal development? General principles in EU law, EU law & the ECHR, Charter of fundamental rights 1 of 23 Why was the charter created and who by? The charter was created by the EU to be a completely separate instrument from the ECHR 2 of 23 What was wrong with the ECHR? it was not seen to be sufficient, because it was made from a lot of different sources, and it was unclear which rights applied and when 3 of 23 What are the issues with the charter? There were objections because we already had the ECHR 4 of 23 What are the advantages over the charter? It is much broader than the ECHR, and contains social, cultural and economic rights as well as civil and political 5 of 23 What was the aim of the charter? It was nothing new, just a consolidation of the rights we already had in case law and different documents? 6 of 23 Who drafted it? a 62-member convention of EU, MS and National parliament reps 7 of 23 What is the constitutional function of the charter? It was first declared non binding, then included in the failed constitutional treaty. It now has the same legal value of treaties 8 of 23 When was the first time the court referred to the charter explicitly? European Parliament v Council [2006] 9 of 23 What is the position now? Immediately after the legal upgrade, it is now cited a lot a relied on quite heavily 10 of 23 What is the relevant treaty provision? Art 6(1) TEU 11 of 23 What competence does the charter have? The charter shall not extend any further than the competences of the union as defined in the treaties. 12 of 23 What are the 6 main rights guaranteed by the charter? Dignity, freedoms, equality, solidarity, citizens rights, justice 13 of 23 What was the rule in Melloni? MS cannot apply higher standards of human rights protection to undermine the privacy, unity and effectiveness of EU law. 14 of 23 Is the decision in Melloni accepted? It has been widely criticised, but the judges stand by it. 15 of 23 To whom does the charter apply? EU institutions & MS 16 of 23 What does it not do? extend the field of application of EU law beyond the powers of the union, it doesn't establish any new power or task for the union 17 of 23 What are the requirements for derogations under the charter? They are subject to proportionality & must be necessary and genuinely meet objectives of general interest 18 of 23 Does the charter have horizontal application? Why? Prima facie, no - article 51 only mentions institutions and MS 19 of 23 Is that still the situation? Authority? According to Kucukdeveci, the charter can have horizontal direct effect 20 of 23 What case confirmed this? Association de Mediation Sociale 21 of 23 Are there any limitations to this? Authority? Yes, not all provisions have direct effect, depending on wording- Association de Mediation Sociale 22 of 23 What are the treaty provisions relevant to the opt-out protocol? Art 1(1), Art 1(2), Art 2 23 of 23
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