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Chapter

Cover European Union Law

9. Fundamental rights in the European Union  

Eleanor Spaventa

This chapter examines fundamental rights in the EU. It begins by analysing the historical background and the development of the case law on fundamental rights. It then examines the main Treaty provisions relating to fundamental rights protection, before turning to the Charter of Fundamental Rights of the EU. Finally, it looks at the relationship between the EU and the European Convention on Human Rights (ECHR), including the extent to which the European Court of Human Rights agrees to scrutinize EU acts. It also considers the plan for the EU to accede to the ECHR.

Chapter

Cover EU Law

12. Human Rights in the EU  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.

Chapter

Cover EU Law

12. Human Rights in the EU  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.

Chapter

Cover An Introduction to European Law

4. Fundamental Rights  

This chapter evaluates the European fundamental rights. Human rights constitutionally limit the exercise of all European Union competences—including its legislative competences. Three sources of European fundamental rights were subsequently developed: the ‘unwritten’ bill of rights in the form of general principles of European law; the European Convention on Human Rights (ECHR); and the EU Charter of Fundamental Rights. The chapter investigates these three bills of rights of the EU, beginning with the discovery of an ‘unwritten’ bill of rights in the form of general principles of European law. It then discusses possible structural limits to European human rights in the form of international obligations flowing from the United Nations Charter. The chapter also analyses the EU's ‘written’ bill of rights in the form of its Charter of Fundamental Rights. Finally, it explores the ECHR as an external bill of rights for the EU.

Chapter

Cover EU Law

25. Equal Treatment and Non-Discrimination  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Chapter

Cover EU Law

25. Equal Treatment and Non-Discrimination  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

Book

Cover An Introduction to European Law
The fourth edition of An Introduction to European Law offers a comprehensive and easy exploration of this complex subject. Topics covered include EU institutions and legislation, EU competences, fundamental rights, direct effect, primacy, and legal actions. The text offers a discussion of the internal market in terms of goods and persons. And it also introduces EU competition law in terms of cartels and offers an overview of the most important internal and external Union policies. The epilogue concludes with an examination of Brexit: past, present, and future.

Chapter

Cover European Union Law

19. Labour and equality law  

Mia Rönnmar

This chapter discusses a number of key EU labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; how national collective labour law is affected by the four freedoms; flexible work and working conditions; the EU and national labour law in times of economic crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

Book

Cover An Introduction to European Law
An Introduction to European Law 3e offers a comprehensive exploration of this subject. Topics covered include European Union institutions and legislation. The text also considers EU competencies. Chapters look at fundamental rights, direct effect, legal primacy, and national actions. In addition, the text explains the internal market in terms of goods and persons. Finally, the text explains competition law in terms of cartels. The epilogue concludes with an examination of Brexit: past, present, and future.

Chapter

Cover An Introduction to European Law

6. (Legal) Primacy  

This chapter assesses the ‘primacy’ of European law. When the European Union was born, the European Treaties did not expressly mention the primacy of European law. Did this mean that primacy was a matter to be determined by each national legal order; or was there a European Union doctrine of primacy? There are two perspectives on the primacy question. According to the European perspective, all Union law prevails over all national law. This ‘absolute’ view is not, however, shared by the Member States. According to the national perspective, the primacy of European law is relative. The chapter then considers the two national challenges to the absolute primacy of European law. The first is the national claim asserting the relative primacy of European law in the context of fundamental human rights. The second is the contested question of who is the ultimate arbiter of the scope of the European Union's competences.

Chapter

Cover Essential Cases: EU Law

Digital Rights Ireland and Seitlinger and others v Minister for Communications, Marine and Natural Resources and others (Joined cases C-293/12 and C-594/12), EU:C:2014:238, [2014] ECR I-238, 8 April 2014  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Digital Rights Ireland and Seitlinger and others v Minister for Communications, Marine and Natural Resources and others (Joined cases C-293/12 and C-594/12), EU:C:2014:238, [2014] ECR I-238, 8 April 2014. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Digital Rights Ireland and Seitlinger and others v Minister for Communications, Marine and Natural Resources and others (Joined cases C-293/12 and C-594/12), EU:C:2014:238, [2014] ECR I-238, 8 April 2014  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Digital Rights Ireland and Seitlinger and others v Minister for Communications, Marine and Natural Resources and others (Joined cases C-293/12 and C-594/12), EU:C:2014:238, [2014] ECR I-238, 8 April 2014. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover EU Law in the UK

9. Fundamental rights in the EU  

This chapter traces the development of EU law-based fundamental rights, from early Court of Justice of the European Union (CJEU) case law up to the Charter of Fundamental Rights. It considers the EU's relationship with the Council of Europe, focusing on how the CJEU and the European Court of Human Rights (ECtHR) attempt to avoid conflicting interpretations of overlapping rights, and whether the EU can in fact sign up to the European Convention on Human Rights (ECHR). It is important to remember that the ECtHR and the ECHR are not part of EU law. The ECHR is an international human rights treaty administered by the Council of Europe. It is applied and interpreted by the ECtHR, and is transcribed into UK law in the form of the Human Rights Act 1998. The EU, meanwhile, has the Charter of Fundamental Rights as its human rights ‘treaty’. The chapter then looks at the relationship between the CJEU and the ECtHR, and examines post-Brexit fundamental rights.

Chapter

Cover An Introduction to European Law

4. Fundamental Rights  

This chapter explores the sources of EU fundamental rights. Fundamental rights constitutionally limit the exercise of all European Union competences—including its legislative competences. Three sources of European fundamental rights have been developed: an ‘unwritten’ bill of rights in the form of general principles of European law; the European Convention on Human Rights (ECHR); and the EU Charter of Fundamental Rights. The chapter investigates these three bills of rights of the EU, beginning with the discovery of an ‘unwritten’ bill of rights in the form of general principles of European law. Following this, the chapter analyses the EU’s ‘written’ bill of rights in the form of its Charter of Fundamental Rights and then explores the ECHR as an external bill of rights for the EU. It finally explores the extent to which EU fundamental rights also apply to the Member States.

Chapter

Cover European Union Law

9. Fundamental rights in the European Union  

Eleanor Spaventa

This chapter examines fundamental rights in the EU. It begins by analysing the historical background and the development of the case law on fundamental rights. It then examines the main Treaty provisions relating to fundamental rights protection, before turning to the Charter of Fundamental Rights of the EU. Finally, it looks at the relationship between the EU and the European Convention on Human Rights (ECHR), including the extent to which the European Court of Human Rights agrees to scrutinize EU acts. It also considers the plan for the EU to accede to the ECHR. It also considers what happens when states do not respect the rule of law.

Chapter

Cover Complete EU Law

9. Human rights in the European Union  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.

Chapter

Cover Essential Cases: EU Law

Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2019:189, 12 March 2019  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2010:104, [2010] ECR I-1449, 12 March 2019. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Association belge des Consommateurs Test-Achats and others v Council (Case C-236/09), EU:C:2011:100, [2011] ECR I-773, 1 March 2011. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010. The document also includes supporting commentary from author Noreen O’Meara.