The Road not Taken: The European Union as a Global Human Rights Actor

2011 ◽  
Vol 105 (4) ◽  
pp. 649-693 ◽  
Author(s):  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
The Road ◽  
The Status ◽  
The Face ◽  
Charter Of Fundamental Rights ◽  
The Eu

For many, the enactment of the European Union’s Treaty of Lisbon, with its range of significant human rights provisions, marks the EU’s coming of age as a human rights actor. The Lisbon Treaty inaugurated the legally binding character of the EU Charter of Fundamental Rights (EU Charter), enshrined a commitment to accede to the European Convention on Human Rights (ECHR), and, in Article 2 of the Treaty on European Union (TEU), identified human rights as a foundational value. These changes have already drawn comment as developments that “will change the face of the Union fundamentally,” that take the protection of rights in the EU “to a new level,” and that indicate that “the arguments for improving the status of human rights in EU law… have finally been heard. There is general agreement, in other words, that the EU has reached the high point of its engagement with human rights.

Human rights and the rule of law in judicial cooperation in criminal matters under the EU–UK Trade and Cooperation Agreement

2021 ◽  
pp. 203228442199593
Author(s):  
Wolfgang Schomburg ◽  
Anna Oehmichen ◽  
Katrin Kayß
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Cooperation Agreement ◽  
Judicial Cooperation ◽  
Human Rights Protection ◽  
Criminal Matters ◽  
The Eu

As human rights have increasingly gained importance at the European Union level, this article examines the remaining scope of human rights protection under the EU–UK Trade and Cooperation Agreement. While some international human rights instruments remain applicable, the Charter of Fundamental Rights of the European Union did not become part of the Trade and Cooperation Agreement (TCA). The consequences, especially the inapplicability of the internationalised ne bis in idem principle, are analysed. Furthermore, the conditionality of the TCA in general as well as the specific conditionality for judicial cooperation in criminal matters are discussed. In this context, the risk that cooperation may cease at any moment if any Member State or the UK leave the European Convention of Human Rights is highlighted. Lastly, the authors raise the problem of the lack of judicial review, as the Court of Justice of the European Union is no longer competent.

6. General principles of law

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Protection Of Human Rights ◽  
General Principles Of Law ◽  
Relationship Of ◽  
The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

The European Union and Human Rights

2020 ◽  
Keyword(s):  
European Union ◽  
Human Rights ◽  
Action Plan ◽  
Financial Economic ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
Migration Crisis ◽  
Legislative Activities ◽  
The Eu

With the Treaty of Lisbon, the profile of human rights issues has greatly risen in relation to European Union (EU) policies, whether internal or external. The EU has made the commitment to ensure that all its actions are compliant with human rights, and to seek to promote them. Yet, the Union’s commitment has come under close scrutiny, not only for its groundbreaking character, but also because recent events have put it to the test. The EU has been faced with a number of crises such as the financial-economic crisis and the imposition of austerity measures, the migration crisis, and terrorist attacks. At the same time, the EU has made significant steps to implement its human rights commitment, such as through the binding character of the EU Charter of Fundamental Rights, the adoption of the Strategic Framework and Action Plan on human rights and democracy, and the adoption of human rights country strategies for a large number of third countries. This volume takes stock of these developments. It comprehensively discusses the conceptualisation and operationalisation of the EU’s commitment to human rights throughout its actions, legislative activities, policies, and relationships, and critically assesses them.

Introduction

2020 ◽  
pp. 1-8
Author(s):  
Jan Wouters ◽  
Anna-Luise Chané ◽  
Manfred Nowak
Keyword(s):  
European Union ◽  
Human Rights ◽  
Economic Integration ◽  
External Action ◽  
Fundamental Rights ◽  
European Convention ◽  
The European Union ◽  
Political Union ◽  
Charter Of Fundamental Rights ◽  
Integration Project

Over the past decades, the European Union (EU or Union) has undergone a remarkable transformation—from a primarily economic integration project whose founding treaties were completely silent on human rights, to a political union of values that puts human rights front and centre. The Treaty of Lisbon, which entered into force one decade ago, on 1 December 2009, is widely regarded as the high point of the Union’s journey in that direction. Not only did the Treaty recognise human rights as one of the EU’s founding values, as the guiding principles and objectives of all EU external action, it also gave the EU Charter of Fundamental Rights the same legal value as the Treaties and obliged the Union to accede to the European Convention on Human Rights (ECHR)....

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