Summary: Fundamental Rights Of Europe

Study material generic cover image
  • This + 400k other summaries
  • A unique study and practice tool
  • Never study anything twice again
  • Get the grades you hope for
  • 100% sure, 100% understanding
Use this summary
Remember faster, study better. Scientifically proven.
Trustpilot Logo
PLEASE KNOW!!! There are just 92 flashcards and notes available for this material. This summary might not be complete. Please search similar or other summaries.

Read the summary and the most important questions on Fundamental Rights of Europe

  • 1 Week 1; Fundamental Rights Challenges in Europe

    This is a preview. There are 4 more flashcards available for chapter 1
    Show more cards here

  • Challenges with protection of fundamental rights

    1. Respecting national identities and subsidiarity v. Effective rights protection
      1. art. 5(3) TEU
      2. MS responsible for fundamental rights, however EU limits powers
    2. Effectiveness 
      1. ECtHR: partnership and dialogue 
        1. no direct effect, yet harmonious interpretation by domestic courts 
      1. CJEU: direct effect 
        1. national courts must refer questions of interpretation to CJEU
        2. CJEU has final say and are binding for national courts/authorities 
  • 2 Week 2; the EU system of fundamental rights protection

    This is a preview. There are 3 more flashcards available for chapter 2
    Show more cards here

  • Horizontal provisions; application

    Titel VII CFR

    1. application - 51(1) CFR
      1. Charter ALWAYS applies to the institutions of the EU
      2. for MSs only when applying EU-law - CJEU Akkerberg Fransson
        1. agents of the EU  
          1. strickt implementation of EU-regultations, directives and decisions
          2. CJEU Digital Rights Ireland
        2. derogating from EU-law
          1. restriction free movement on grounds of public policy/security/health - CJEU Pfleger

    Note:
    tax does not fall within the scope of EU-law
  • Horizontal provisions; level of protection

    Art 53 CFR
    • Highest level of protection should be respected
      • however - CJEU Melloni 
        • national standards may be applied but they have to comply with the level of protection as well as the primacy, unity and effectiveness of EU-law.  
  • Horizontal provisions; rights and principles

    Art. 52(5) CFR 
    • in court you can rely always on a codified right 
    • on principles you can only rely for interpretation and legality of acts 
      • problematic: 
        • not clear which are principles and which are rights
  • CFR and EU power

    51(2) CFR 
    The Charter does not modify or give the EU new competences or powers
  • Is CJEU bound by ECtHR's case law

    EU is not part of ECHR -> CJEU Akkerberg Fransson
    however, fundamental rights in ECHR count as general principles in EU (6(3) TEU) 

    CJEU is not bound to ECtHR case-law, however in practice it the caselaw is often followed

    Thereby -> 6(2) TEU 
    • union shall accede to the ECHR 
    • CJEU N.S and others v. UK 
      • an infringement of ECHR can be assessed by MSs    
  • 3 Week 3; the ECHR system of fundamental rights protection

    This is a preview. There are 12 more flashcards available for chapter 3
    Show more cards here

  • Admissibility criteria; three categories

    1. Procedural criteria
    2. jurisdictional criteria
    3. criteria relating to the complaint 
  • Nuance and flexibility in addmissibility

    ECtHR CLR v. Romania §105 

    The ECHR needs to be applied effecitve and practical.
  • Obligations deriving from judgement

    1. End violation 
    2. reparation 
    3. prevent similar violations
    ECtHR CLR v. Romania §158
  • Courts judgement and CoM

    art. 41 jo. 46 jo. ECtHR M.S.S §399 
    Primarily the court gives a declaratory judgement for just satisfaction. However, it can indicate types of measures that might be taken by the state.

    CoM supervises the execution
PLEASE KNOW!!! There are just 92 flashcards and notes available for this material. This summary might not be complete. Please search similar or other summaries.

To read further, please click:

Read the full summary
This summary +380.000 other summaries A unique study tool A rehearsal system for this summary Studycoaching with videos
  • Higher grades + faster learning
  • Never study anything twice
  • 100% sure, 100% understanding
Discover Study Smart