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Samenvatting - Fundamental Rights in Europe (R_FunRe) Getypt £3.00
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Samenvatting - Fundamental Rights in Europe (R_FunRe) Getypt
 3 purchases
  • Module
  • Fundamental Rights in Europe (R_FUNRE)
  • Institution
  • Vrije Universiteit Amsterdam (VU)

Samenvatting voor de benodigde stof voor het tentamen Fundamental Rights in Europe. Bevat alle arresten uitgewerkt in stappen. Gehaald met een 7 Getypte versie. Handgeschreven versie ook beschikbaar, zie account

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Document information

  • May 16, 2024
  • 10
  • 2023/2024
  • Summary

Subjects

  • echr
  • scope
  • direct effect
  • qualified rights
  • positive obligation
  • judicial protection
  • absolute right
  • fundamental rights in europe

Written for

  • Vrije Universiteit Amsterdam (VU)
  • Rechtsgeleerdheid
  • Fundamental Rights in Europe (R_FUNRE)
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Content preview

Samenvatting Fundamental
Rights in Europe
Week 1; What are fundamental rights?

ECHR
 Council of Europe
 European Court of Human Rights  Strasbourg (ECtHR)

Charter
 European Union
 Court of Justice  Luxemburg (CJEU)

Legel effects
ECHR
 Depend on whether the counrty has a monism or dualism system
o Monist; provisions in treaties are immediately part of the national legal order
o Dualistic; provisions in treaties only become part of the national legal order,
after they have been converted into a national rule by the national legislator

Charter  EU Law
 Direct effect; a treaty is directly applicable in the national courts

Directives  direct affect
- Vereiste:
o Van Gent en Loos
 Sufficiently clear
 Unconditional
 Automatic (doesn’t require action from the state)
o Van Duyn
 Time for implementation has passed
 Vertical  against country

Handelsgesellschaft
 The law stemming from a treaty cannot because of its very nature be overridden by
rules of national law
o Because of the uniformity and efficacy, it is supposed to have

Melloni
 Rules of national law, even of a constitutional order, cannot be allowed to undermine
the effectiveness of Eu Law on the territory of that state
o National authorities and courts remain free to apply national standards of
protection of fundamental rights, provided that the level of protection
provided for by the Charter and the primacy, unity and effectiveness of Eu
Law are not thereby compromised

, Week 2; Scope of fundamental rights

ECHR
 Article 1
o Who; high contracting parties  States
o When; when a state exercises jurisdiction

Jurisdiction in article 1
 Primarily territorial  AL Skeine, par 10
 Sometimes also when a state acts outside its territory
o Effective control over an area (spatial)
o State agent authority and control over an individual (personal)

Bosphorus v. Ireland
 Does a presumption arise?
 Does the relevant EU Law leave discretion in implementation to the member state?
o Yes; no presumption  determine whether there is a fair balance
o No; presumption arises  only a violation if the presumption is rebutted
 Will be rebutted when it is ‘manifestly deficient’

EU Charter
 Article 51
o Who; institutions and bodies of the Union
o When; Only when they are implementing EU Law (Akerberg Fransson

Akerberg Fransson
 The European union does not govern the relations between the ECHR and the legal
systems of the member states
 National authorities and courts remain free to apply national standards of protection
of fundamental rights, provided that the level of protection provided for by the
Charter are not thereby compromised

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