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11 Cards in this Set
- Front
- Back
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Art 6(1) TEU |
The union recognises rights, freedoms and principles in the charter (which is a primary source of law) |
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How did the charter come about? |
German presidency proposal adopted by the Council. decision to codify existing fundamental rights to make sure that there is a general understanding of the kind of rights the legal order actually protects. UK was opposed to granting a charter as they thought it meant new rights were established. Charter was proclaimed in December 2000 but at this time was not legally binding. It was the binding as a result of the Lisbon treaty. |
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What is the charter? |
catalogue of civil, political, social and economic rights. Charter does not recognise new rights-it simply reaffirms and recognises existing ones. |
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Scope of application |
Institutions, bodies, offices and agencies of the Union and Member States only when they are implementing union law. |
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Art 6(2) TEU |
Legal obligation for the EU to become a party to the ECHR. At the moment the EU is currently not bound by the ECHR but it will be and Poland and UK are concerned by what will happen (see diagrams) |
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Why should the EU be party to the ECHR |
To preserve the specific characteristics of the EU and EU law. Ensure that accession does not affect competences of the EU or the powers of its institutions, or the situations of Member States in relation to the ECHR or Article 344 TFEU. |
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Summary of EU in relation to the ECHR |
EU is not a party to the ECHR but MS are. There is a right to petition to the ECtHR against MS but no right to petition against institutions. No accountability for breaches of ECHR recognised human rights committed by EU institutions/MS in the implementation of EU law
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Bosphorus Airways |
Company was a Former Yugoslavian and loaned 2 planes which were used to offer charter flights between Ireland and Turkey. Former Yugoslavia was in civil war so the UN had decided to impose an embargo which included the prohibition to do any trading with companies in former Yugoslavia. The company found that it had to continue to pay the lease to the former Yugoslavian company for the 2 air planes it was using so it opened an account and put the money in there instead of sending money to the country itself as this was not allowed by the UN. It felt it was respecting UN security. The planes had to go for maintenance. At the time the plane was at Dublin and it was realised that it was a former Yugoslavian company so the asset was seized. the court felt that the opening of the bank account respected the embargo. In Ireland the court was unsure what to do because it was applying what had become an EU regulation. CJEU said the aim of stopping the war in Yugoslavia was more important than the rights of individuals. The company was not happy so they went to the ECtHR but they said they had no competence to examine the matter as it involved an EU regulation (purely internal situation). In the end the company had to close down because it went bankrupt without the planes. States can subject themselves to the rule of an international organisation if equivalent standards to the ECtHR. If such equivalent protection exists there is a presumption that a state meets ECHR when it does no more than implement legally binding obligations from EU membership. Presumption can only be rebutted if protection of ECHR rights was manifestly deficient. |
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CJEU opinion of EU accession to ECtHR |
The agreement is not compatible with the treaties |
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Art 344 TFEU |
Dispute settlement: disputes between MS or MS and EU on ECHR and EU law before ECtHR. No arrangements for mechanism and procedure for the prior involvement CJEU |
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difference between ECtHR and CJEU |
ECtHR can examine issues such as JR of acts, omissions etc of EU in the Common Foreign Security Policy. The CJEU feels that judicial review of some areas of EU law has been trusted exclusively to a non EU body. |
