Summary of all important topics - Fundamental Rights in Europe

Samenvatting week 1 – What are Fundamental Rights in Europe?

Describe the development of fundamental rights in Europe

The development of fundamental rights in Europe is deeply linked to historical
events, legal traditions, and political transformations.

> Early foundations:
 Fundamental rights originated as a response to oppressive power
structures. Events like the French Revolution (1789) and the American
Declaration of Independence (1776) emphasized the idea of universal
human rights
 Over time, legal systems incorporated human rights to protect individuals
from state overreach

> Post-World War II Developments:
 The European Convention on Human Rights (ECHR) (1950) was created
under the Council of Europe to ensure the protection of human rights
across Europe
 The Council of Europe initially had 10 members, but today it includes 46
states, reinforcing the commitment tot democracy and human rights

> The Role of the EU in Human Rights:
 Unlike the ECHR, the early European treaties (ECSC, EEC, EURATOM)
focused on economic cooperation and did not contain explicit human rights
provisions
 The Court of Justice of the European Union (CJEU) later recognized
fundamental rights as general principles of EU law, shaping the legal
framework
 The Charter of Fundamental Rights of the European Union (CRFEU) was
adopted in 2000 and gained legal force with the Lisbon Treaty (2009),
solidifying fundamental rights within EU law

> Generations of Human Rights:
 Human rights have evolved in four generations, each addressing different
societal needs:
1. First generation – civil and political rights
a. Right to life, freedom of speech, fair trial
2. Second generation – economic, social and cultural rights
a. Right to education, labor rights
3. Third generation – collective rights
a. Environmental protection, minority rights
4. Emerging fourth generations – digital rights
a. Data protection, privacy in the digital age

Reflect on the legal, political, and social significance of human rights

Human rights are fundamental to democratic societies, influencing both legal
systems and political institutions.

> Legal significance:
 Human rights impose obligations on states and limit their power, ensuring
protection against government overreach



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,  Court, particularly the ECtHR and the CJEU, play a key role in ensuring
compliance with human rights standards



> Political significance:
 The recognition of human rights is a precondition for EU membership.
Countries seeking to join the EU must demonstrate respect for human
rights and democratic principles
 Political movements and advocacy groups frequently use human rights
frameworks to push for policy changes and legal reforms

> Social significance:
 Human rights serve as a tool for social justice, particularly in protecting
vulnerable groups such as minorities, refugees, and women
 Rights such as freedom of expression and privacy in the digital era have
become increasingly relevant in modern societies

Differentiate between different sorts of human rights obligations (respect, protect
and fulfil)

Human rights obligations require states to take different types of actions:
 Duty to respect (negative obligation)
> States must nog interfere with individuals’ rights
o Example: a government cannot impose censorship on media
(violates freedom of expression)
 Duty to protect (positive obligation)
> States mist protect individuals from rights violations by third parties
(e.g., corporations, individuals)
o Example: ensuring law against discrimination in workplaces
 Duty to fulfil (proactive obligation)
> States must take steps to ensure the realization of rights (providing
necessary services)
o Example: a state must provide accessible healthcare and education
to its citizens

Distinguish between the legal orders of the Council of Europe and the EU

The Council of Europe and the European Union are two distinct entities with
different legal systems:
> Council of Europe (CoE):
 Established in 1949 to promote democracy, human rights and the rule of
law
 Created the ECHR (1950), enforced by the ECtHR
 47 member states, including non-EU countries like Turkey and the UK
 Uses international law principles, requiring states to incorporate ECHR
judgments into national law

> European Union (EU):
 A supranational organization with legal order that applies directly to
member states
 Fundamental rights are protected trough the CFREU and enforced by the
CJEU
 27 member states, with binding legal authority over national laws

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,  EU law has supremacy over conflicting national laws (Costa v ENEL case)

Explain the role of the ECHR in the EU legal order

Although the EU is not a formal party to the ECHR, the Convention plays a
significant role in shaping EU law.

> The ECHR as a source of inspiration:
 The CJEU uses the ECHR as a reference when interpreting EU fundamental
rights
 National courts must ensure compliance with both EU law and ECHR
standards

> Challenges in EU-ECHR relations:
 The Treaty of Lisbon (2009) sought EU accession to the ECHR, but in 2014,
the CJEU ruled that the draft agreement was incompatible with EU law
 One key issue = autonomy of EU law – the EU does nog want the ECtHR to
have authority over EU institutions

Read judgments of the European Court of Human Rights (ECtHR) and the Court of
Justice of the EU (CJEU)

Understanding case law from both courts is essential to interpreting human rights
in Europe
> European Court of Human Rights (ECtHR)
 Located in Strasbourg, it rules on violations of the ECHR
 Cases are brought bij individuals, groups or states against a member state
 Example: Gäfgen v. Germany (police torture case) clarified the absolute
prohibition of torture

> Court of Justice of the EU (CJEU)
 Located in Luxembourg, ensures uniform interpretation of EU law
 Cases can be referred by national courts (preliminary rulings)
 Example: Van Gend en Loos established direct effect, allowing individuals
to invoke EU law in national courts




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