EU + Human Rights

  • Created by: jesskeayy
  • Created on: 06-05-19 12:58
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  • Human Rights
    • UK joined European Community Treaties in 1973, joining EEC, EAEC, ECSC
      • Enacted to enable EU law to be effective in UK
    • ECHR:
      • International HR treaty between 47 states, members of the Council of Europe
      • CoE are not the European Union
      • Represents legal commitment to abide by conduct standards, to protect rights and freedoms of the state
      • Designed to protect ROL and promote liberal democracy, following WW1&2
      • Set up in 59, in Strasbourg. judge from each member state, legally binding on member states
    • Before 1998, UK citizens could only being legal challenge directly to the European Court of Human Rights
      • 1998 Act introduced, allowing rights guaranteed by ECHR to be enforced in UK courts
    • All legislation must be read/ given effect to in a way compatible with convention rights. If laws aren't compatible with convention rights, the court will issue a declaration of incompatibility
    • Hirst (No.2) v UK-
      • Was blanket ban on prisoner voting proportionate?
        • ECHR held s.3(1) Representation of the People Act 1983 removing rights from prisoners was disproportionate, in accordance with art. 3 ECHR
    • Intention is to apply convention rights, whilst preserving Parliamentary Sovereignty
    • Increases access to justice in domestic courts
    • Main Provisions: s.2- court must take into account ECHR decisions & jurisprudence
      • 2. s.3- primary/ secondary legislation must be read to be compatible with convention rights
        • 5. s.8- judicial remedies
      • S.2- Ullah [2004]
      • 3. s.4- declarations of incompatibility
      • 4. s.6- duty on public authorities
      • 6. s.19- statement of compatibility
    • EU- European Union, ECHR- convention signed by EU members, protecting convention rights
    • Joining the EU was an expression of sovereignty
      • Supremacy- EU law prevails over national law.
      • Direct Effect- EU law can create rights for individuals which national courts must protect
      • Indirect Effect- national courts must interpret & apply national law in line with EU law
      • State liability- member states must pay compensation for harm caused by breach of EU law
    • Marshall (No 1), (No 2)- HM dismissed by Health Authority, as she had passed retirement age.
      • No remedy under English Law, could rely on Art.5(1) Equal Treatment Directive and entitled to full compensation

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