Research for this essay - Lee is a national of member state Y of the European Union and currently resides in member state Z. Member state Z is trying to deport him in view of his recent convictions. This essay will advise Lee of his rights as an EU citizen and as a worker, as well as defences that ...
EU Charter of Fundamental Rights
Entry into force – Lisbon treaty
Adoption of charter – one of the most significant constitutional steps in the history
of the EU. B/P
Makes rights more visible to the citizen. B/P
EU institutions remain bound by Charter regardless of whether they act within the
scope of EU law.
Scope of application of the Charter is, on the one hand, potentially very broad, as
most of the rights it recognises are granted to ‘everyone’ regardless of nationality or
status, Article 51 does on the other hand limit its application to the EU institutions
and bodies and, when they act to implement EU law, to the Member States.
Art.7 TEU
Amsterdam Treaty - new sanction mechanism was created to ensure that
fundamental rights, as well as other European principles and values such as
democracy and the rule of law, are respected by EU Member States beyond the legal
limits posed by EU competences
Giving the EU the power to intervene in areas otherwise left to Member States, in
situations of ‘serious and persistent breach’ of these values
Art7.2 and 7.3 TEU: in the case of the ‘existence of a serious and persistent breach’
of EU values, for a ‘sanctioning mechanism’ that can be triggered by the Commission
or by one third of Member States (not Parliament), after the Member State in
question has been invited to submit its observations.
Although it is open to the Commission, Council, and the Parliament to activate this
mechanism, it has never been used because of a lack of political will by all the
institutions and has been referred to as a “nuclear” option.
o https://www.opensocietyfoundations.org/voices/eu-still-failing-protect-
fundamental-rights
f
FRA
EU Agency for Fundamental Rights (FRA) - established in 2007 in Vienna
o Major role in monitoring the situation of fundamental rights in the EU
EU Parliament
Adopted Joint Declaration on Fundamental Rights
Has called for the Charter of Fundamental Rights to be binding - achieved in 2009
with Lisbon Treaty
Other
Infringement proceedings are an important instrument to sanction fundamental
rights violations in the EU
Can be launched in cases of non-compliance of a national law with EU law and
fundamental rights as protected by it
CJEU
the more extensive the jurisdiction of the court, the more enthusiastic its protection
of individuals, the more pronounced the intrusion on national law. B/P
, EU:
The European Union is based on a strong commitment to promoting and protecting
human rights, democracy and the rule of law worldwide. Human rights are at the
heart of EU relations with other countries and regions.
o Foot: ‘Human Rights And Democracy | European Union' (European Union,
2020)
o Bib: 'Human Rights And Democracy | European Union' (European Union,
2020) <https://europa.eu/european-union/topics/human-rights_en>
accessed 28 November 2020
Fundamental rights - law
Apply first and foremost as limit to the acts of the union institutions. B/P
Also apply, somehow more controversially, to the act of the MS when they are
implementing EU law, or when they act within its scope. B/P
Thus, if a MS is implementing a regulation or a directive it has to exercise its
discretion in a manner that is consistent with EU fundamental rights. B/P
MS are bound by fundamental rights when limiting one of the Treaty free movement
rights. B/P
Respect for fundamental rights, the rule of law and democracy is a precondition for
accession to the EU.
Adoption of charter – one of the most significant constitutional steps in the history
of the EU. B/P
Despite shortcomings, the European Union remained a leading actor in promoting
human rights globally.
o https://www.hrw.org/world-report/2019/country-chapters/european-union
Limitations:
EU does not have general fundamental rights competence
This means that the commission (in particular) cannot bring infringement
proceedings against a MS that is violating fundamental rights, unless as connection
with EU law can be established. B/P
EU could only react to a breach of article 2 TEU values after it had occurred; it was
not empowered to act to prevent such breach from occurring in the first place. B/P
Political nature of the article 7 procedure is the reason why it has been ineffective in
dealing with threats to the foundational values. B/P
The EU continued to largely mute its position on human rights violations in Turkey,
Libya, Egypt, and Sudan because of its cooperation with those countries on
preventing migration to Europe. HRW
Fundamental rights – in practice
EU initiated procedures to suspend trade preferences with Cambodia conditioned on
respect for human rights, citing Cambodia’s fraudulent elections and Prime Minister
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