FThe Protection of Fundamental rights within the E.U, dissertation en anglais
?Fundamental Rights form an integral part of the general principles of law observance of which the court ensures? . This kind of phrase can be found easily in any case where fundamental rights are at stake. From 1974, their protection is one of the priorities of the ECJ.
[...] But one has to bear in mind that the European Union is a very young construct that is constantly evolving and building itself. The Charter certainly makes things easier concerning the definition of fundamental rights and the remedies available in case of breach. Roquette Frères SA v Directeur général de la concurrence, de la consommation et des la répression des Fraudes (Case C-94/100) F Rubio Lorente, charter of dubious utility” (2003) International Journal of Constitutional law 405 Theoretically, the member states respect Human Rights for they all signed the convention. [...]
[...] However it provides for the first time a comprehensive statement of the nature and scope of fundamental rights. It contains the civil and political rights present in the ECHR, the constitutional traditions common to the member states but also social and economic rights. The charter actually put flesh and bones on article 6 TEU and article 36 TEU, a project that was long overdue. It is progressive concept for it spells out a number of both rights and obligations in hotly disputed areas such as data protection and bioethics We now find a catalogue of fifty fundamental rights divided into six sections: Dignity, Freedoms, Equality Solidarity, Citizen's rights and Justice. [...]
[...] The Grundgesetz or German constitution written after WW2 put, for obvious reasons, a great emphasize on the protection of fundamental rights. It thus considered that the Court did not respect enough the rights and therefore the federal court held that as long as the recognition of the human rights in the community had not progressed as far as those provided for by the Grundgesetz, German courts had the right to refer question on the constitutionality of secondary community law to the Federal Constitutional Court the possible consequence that community law might be ignored if it did not have sufficient regard for basic rights. [...]
[...] According to him, Human Rights and their protection are determined outside the E.U. It “constitute(s) part of an international order, which defines their content and force: they function within the world of international relations, where individuals may take part only in the most exceptional cases.”. Fundamental Rights apply specifically in the context of a political community and are to be considered as the equivalent to citizen's rights. As Rubio Lorente points out, fundamental rights are rights that the European Union chooses to respect . [...]
[...] Moreover, a state cannot apply for membership if it does not respect human rights. It is a mandatory condition, according to article 49 TEU See judgment Nold v Commission Case ECR 491, point 13. Carpenter v Secretary of State for the Home Department (C60/00) 2002 Defrenne v Sabena (1976) ECR 455 Usinor (1984) 4177 and seq. Francis G. [...]
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