Charter of fundamental rights

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  • 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
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Why was the charter created and who by?
The charter was created by the EU to be a completely separate instrument from the ECHR
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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
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What are the issues with the charter?
There were objections because we already had the ECHR
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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
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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?
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Who drafted it?
a 62-member convention of EU, MS and National parliament reps
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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
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When was the first time the court referred to the charter explicitly?
European Parliament v Council [2006]
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What is the position now?
Immediately after the legal upgrade, it is now cited a lot a relied on quite heavily
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What is the relevant treaty provision?
Art 6(1) TEU
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What competence does the charter have?
The charter shall not extend any further than the competences of the union as defined in the treaties.
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What are the 6 main rights guaranteed by the charter?
Dignity, freedoms, equality, solidarity, citizens rights, justice
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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.
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Is the decision in Melloni accepted?
It has been widely criticised, but the judges stand by it.
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To whom does the charter apply?
EU institutions & MS
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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
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What are the requirements for derogations under the charter?
They are subject to proportionality & must be necessary and genuinely meet objectives of general interest
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Does the charter have horizontal application? Why?
Prima facie, no - article 51 only mentions institutions and MS
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Is that still the situation? Authority?
According to Kucukdeveci, the charter can have horizontal direct effect
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What case confirmed this?
Association de Mediation Sociale
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Are there any limitations to this? Authority?
Yes, not all provisions have direct effect, depending on wording- Association de Mediation Sociale
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What are the treaty provisions relevant to the opt-out protocol?
Art 1(1), Art 1(2), Art 2
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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
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