Effektivität des Grundrechtsschutzes in der Europäischen Union

2021 ◽  
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Law ◽  
European University ◽  
The Eu

The volume includes contributions from a meeting of the Frankfurt Institute for the Law of the European Union of the Faculty of Law of the European University Viadrina on the effectiveness of the protection of fundamental rights in the EU on the occasion of the tenth anniversary of the legal binding nature of the EU Charter of Fundamental Rights. With contributions by Markus Rau, LL.M.; Dr. Peter Szczekalla; Prof. apl. Dr. Carmen Thiele; RA Dr. Christian Hilbrandt; Prof. Dr. Walter Frenz; Prof. Dr. Ines Härtel; Clara Pira Machel and Gabriel N. Toggenburg.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

1. The origins of the European Union and EU law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Single European Act ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Treaty Of Rome ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

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.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 929-994
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

The Freedom to Conduct a Business in the EU, Its Limitations and Its Role in the European Legal Order: A New Engine for Deeper and Stronger Economic, Social, and Political Integration

2013 ◽  
Vol 14 (9) ◽  
pp. 1867-1888 ◽  
Author(s):  
Andrea Usai
Keyword(s):  
European Union ◽  
European Integration ◽  
Social Economic ◽  
Legal Order ◽  
Fundamental Rights ◽  
Political Integration ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

This paper examines the role and importance of the freedom to conduct a business enshrined in Article 16 of the Charter of Fundamental Rights of the European Union (CFR). With the entry into force of the Lisbon Treaty, the CFR became legally binding, gaining the same legal value as the Treaties. It will be argued here that Article 16 CFR, which recognizes the right to economic initiative, can be an important force for European integration by acting as a new engine of European social, economic, and political integration. That said, Article 16 should be read bearing its limitations in mind.

Migration and Asylum Cases before the Court of Justice of the European Union: Putting the Eu Charter of Fundamental Rights to Test?

2015 ◽  
Vol 17 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Francesca Ippolito
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Impact ◽  
The Eu ◽  
Third Country Nationals

This article explores the various guarantees embedded in the eu Charter of Fundamental Rights for eu citizens and third country nationals, following the extension of the Court’s jurisdiction by the Lisbon Treaty in the area of freedom, security and justice. In particular, it highlights the potential and limits to the impact of the Charter in immigration or asylum cases before the cjeu.

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.

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