EU fundamental rights, Charter of Fundamental Rights, European Court of Justice, ECJ, human rights, ECHR, European human rights, fundamental rights protection, EU law
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Abstract
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Abstract
The European Union's evolution in protecting fundamental rights, from its origins to the establishment of key mechanisms and charters.
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[...] Rights inspired by pre-existing mechanisms 1. An inspiration from the constitutional traditions of the Member States a. A logical and legitimate recognition in the interest of the CJEU - If the Court had refused to recognize fundamental rights and freedoms, it would have been limited because the Member States would constantly oppose the protection of fundamental rights to the decisions/acts of the EU - If the Court had refused this recognition, by refusing to submit to the fundamental rights recognized by the Member States, then it would have infringed on the sovereignty of the Member States - Recognition of inevitable rights for the effective establishment of the common market (implies the free movement of workers to circulate goods) b. [...]
[...] If it appears that the protection of fundamental rights did not appear as a central mission of the EU at its origin, it is necessary to analyze the transformation of the EU: from the common economic market to the protection of fundamental rights in order to be able to understand the necessary implementation of mechanisms for protecting rights within the EU (II). I. The transformation of the EU: from the common economic market to the protection of fundamental rights A. Of fundamental rights initially non-existent and then progressively clarified by jurisprudence 1. The consecration of marginal rights by treaties a. [...]
[...] The consecration of fundamental rights by a progressive and groping jurisprudence a. Fundamental rights approached through the prism of constitutional law - The absence of fundamental rights recognized by the EU has been a concern for member states (which could constitute a threat to the rule of law, for example) - The German doctrine will consider fundamental rights and the idea of judicial control for the first time - Thus, states will recognize and protect fundamental rights separately in domestic law with internal jurisdictions (e.g. [...]
[...] The EU is part of a political union guaranteeing the protection of rights and allowing the development of States among themselves. Historically, the EU stems from the will of the States to unite in order to establish a common market and a lasting peace for the pooling of resources project resulting from the Robert Schuman declaration of 1950). Thus, France, Belgium, Germany, Luxembourg, Italy and the Netherlands will unite to form the ECSC. Treaties will come to set the principles of this common economic market and allow its development. [...]
[...] the International Covenant on Civil and Political Rights of 1966) b. Protection of fundamental rights by invoking the ECHR - Sensitive question the CJ mentions the ECHR as an international instrument allowing the recognition of rights in a CJCE judgment Rutili, and later it will be recognized as having a 'particular significance' (CJCE ERT) and goes further than in 1974 - The ECHR is directly targeted by Article 6§3, if the CJ refuses to adhere to it but it respects and protects the rights recognized by the convention, extension of the list of fundamental rights recognized by Community law II. [...]
