Charter of fundamental rights

HideShow resource information
  • Created by: Hope
  • Created on: 08-05-16 08:44
What are the 3 strands of legal development?
General principles in EU law, EU law & the ECHR, Charter of fundamental rights
1 of 23
Why was the charter created and who by?
The charter was created by the EU to be a completely separate instrument from the ECHR
2 of 23
What was wrong with the ECHR?
it was not seen to be sufficient, because it was made from a lot of different sources, and it was unclear which rights applied and when
3 of 23
What are the issues with the charter?
There were objections because we already had the ECHR
4 of 23
What are the advantages over the charter?
It is much broader than the ECHR, and contains social, cultural and economic rights as well as civil and political
5 of 23
What was the aim of the charter?
It was nothing new, just a consolidation of the rights we already had in case law and different documents?
6 of 23
Who drafted it?
a 62-member convention of EU, MS and National parliament reps
7 of 23
What is the constitutional function of the charter?
It was first declared non binding, then included in the failed constitutional treaty. It now has the same legal value of treaties
8 of 23
When was the first time the court referred to the charter explicitly?
European Parliament v Council [2006]
9 of 23
What is the position now?
Immediately after the legal upgrade, it is now cited a lot a relied on quite heavily
10 of 23
What is the relevant treaty provision?
Art 6(1) TEU
11 of 23
What competence does the charter have?
The charter shall not extend any further than the competences of the union as defined in the treaties.
12 of 23
What are the 6 main rights guaranteed by the charter?
Dignity, freedoms, equality, solidarity, citizens rights, justice
13 of 23
What was the rule in Melloni?
MS cannot apply higher standards of human rights protection to undermine the privacy, unity and effectiveness of EU law.
14 of 23
Is the decision in Melloni accepted?
It has been widely criticised, but the judges stand by it.
15 of 23
To whom does the charter apply?
EU institutions & MS
16 of 23
What does it not do?
extend the field of application of EU law beyond the powers of the union, it doesn't establish any new power or task for the union
17 of 23
What are the requirements for derogations under the charter?
They are subject to proportionality & must be necessary and genuinely meet objectives of general interest
18 of 23
Does the charter have horizontal application? Why?
Prima facie, no - article 51 only mentions institutions and MS
19 of 23
Is that still the situation? Authority?
According to Kucukdeveci, the charter can have horizontal direct effect
20 of 23
What case confirmed this?
Association de Mediation Sociale
21 of 23
Are there any limitations to this? Authority?
Yes, not all provisions have direct effect, depending on wording- Association de Mediation Sociale
22 of 23
What are the treaty provisions relevant to the opt-out protocol?
Art 1(1), Art 1(2), Art 2
23 of 23

Other cards in this set

Card 2

Front

Why was the charter created and who by?

Back

The charter was created by the EU to be a completely separate instrument from the ECHR

Card 3

Front

What was wrong with the ECHR?

Back

Preview of the front of card 3

Card 4

Front

What are the issues with the charter?

Back

Preview of the front of card 4

Card 5

Front

What are the advantages over the charter?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Law and Policy of the EU resources »