Exam (elaborations)
Exam (elaborations) EU Law (M100)
- Module
- EU Law (M100)
- Institution
- Liverpool John Moores University (LJMU)
An assignment based on EU law with references
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918624Discuss the statement below with reference to relevant legislative provisions,
case law of the CJEU and academic commentaries as appropriate.
‘Although the European Union was not created to defend human rights, years of
judicial activism for the protection of fundamental rights culminated in 2009 with the
coming into force of the Charter of Fundamental Rights (CFR). According to Article 6
Treaty of the European Union, the CFR has a constitutional status equal to the
Treaties, which was confirmed in the case-law of the Court of Justice of the EU such
as C-402/05 Kadi v Commission’.
The Charter of Fundamental Rights is according to (Equality Human Rights, 3
October 2016, Date Accessed 26 June 2021) “The Charter of Fundamental
Rights of the European Union (the Charter) brings together the fundamental
rights of everyone living in the European Union (EU). It was introduced to
bring consistency and clarity to the rights established at different times and in
different ways in individual EU Member States.” This can show that the Charter
of Fundamental Rights was created to protect the states who live in the European
Union so that they can have their own rights which include such rights as civil,
political, economic and social and these have based on the fact that the fundamental
rights and freedoms are going to be recognised by the European Convention on
Human Rights. The constitutional traditions that are of the EU Member states, for
example that the protection of the rights which exist within the common law and
constitutional law have been there for a long time and it exists within the law of the
United Kingdom and the other EU member states. There is the council of Europe's
Social Charter and then the Community Charter of Fundamental Social Rights of
Workers and also for the international conventions in which the European Union or
some of the Member States are parties within the conventions. These are the
reasons why the Europeans need the Charter of Fundamental Rights, it is to ensure
that they do have the freedom that they need. The European Communities which it is
now known as the European Union was originally created as an international
organisation with an essential economic scope of action. Initially, it was therefore
there was no regarding the need for the rules that are concerning the respect for
fundamental rights.
, 918624
The Charter was brought into effect with the Treaty of Lisbon as it was brought in
December of 2009. Within Article 6 the Treaty on European Union provides that the
Charter must have to have the same legal status as the European Union Treaties.
The charter does apply to European Union Institutions at all times, but it can only
apply to a member state when it is acting within the scope of the European Union
Law. It compromised that of the rights that had already existed in the European
Union law and they were drawn from many sources that include the constitutional
traditions and international obligations common to the member states and the
European Convention on Human Rights. Many of the rights have been provided
under the Human Rights Act 1998 in the domestic law section. The charter does
have the same legal power as an European Union Treaty and this means that it is
superior to the Irish domestic law, which is just a built up of constitutional, statute
and common law. But this only ever applies when irish people, most of the irish
government, are implementing the European Union law.
Sometimes the Charter can be confused with the European Convention on Human
Rights, as it does contain some of the same human right provisions, both of them do
operate within separate legal frameworks, which The Charter of Fundamental Rights
of the European Union was drafted by the European Union and it has been simplified
by the Court of Justice of the European Union (CJEU). The European Convention on
Human Rights, was instead taken to the Council of Europe in Strasbourg and is
simplified by the European Court of Human Rights. The Charter has been seen as
one of the overarching frameworks for human rights that are within the European
Union and of which the European Convention of Human Rights forms only one part
even though it is an important one. Unlike the European Convention which has now
been brought into the United Kingdom law by the Human Rights Act 1998 and the
Charter of Fundamental Rights does only apply to some of the matters that are
concerning the European Union Law but it can be raised in some of the courts in the
United Kingdom in certain matters.
Within the Charter of Fundamental Rights, in Article 6 there are a number of rights
that people have and these include that, Everyone has the right to life, Nobody may
be deprived of life, The death penalty is prohibited and also Deprivation of life is not
inflicted in violation of this article and if it was to occur in connection with conduct
and this is not criminal under the law. According to (Citizens Information, 9 April
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