Summary ‘Fundamental rights in Europe’ VU Rechtsgeleerdheid Jaar 2
Week 2 Fundamental rights in the EU and ECHR legal orders
Literature: Introduction to fundamental rights in Europe + Great Debates Chapter 1, Section 1 & 2
All rights, including the fundamental ones, need to be created and to be secured by binding law of one
or more states.
National states protect fundamental rights in their constitutional law
Two major legal orders beyond the nation state within such binding law can be brought into being:
1. The Council of Europe
2. European Union
The differences between European Union and the Council of Europe
The EU is something like a state: there is a government-like institution consisting of three bodies:
- European Commission
- Council
- Parliament
= legislative body
The European Court of Justice resembles in many ways a constitutional court guarding the consistency
and legality of European law, there is a European citizenship, there is a common currency.
IMPORTANT = the EU has its own legal order for the benefit of which the states have limited their
sovereign rights, albeit within limited fields, and the subjects of which comprise not only the member
states but also their nationals.
In contrast to the EU, the Council of Europe must rather be conceived of as an association of states
who created a range of influential treaties, indicating that the states remain sovereign while
cooperating.
The EU is based on treaties, but mainly produces governance and legislation. The Council of Europe
mainly produces treaties.
Two of the most important treaties produces by the Council of Europe:
1. European Convention for the Protection of Human Rights and Fundamental Freedoms
2. European Social Charter
The European Court of Human Rights (ECHR) applies and interprets the European Convention of
Human Rights. It is a supranational court created by the ECHR where individuals may issue a
complaint against a contracting state which allegedly violated their fundamental rights under the
ECHR, after the national procedure has been completed.
The Court of Justice of the European Union applies and interprets EU law.
Most important function of the Court of Justice is its task of answering preliminary questions posed
by national courts of the Member States. By its judgements the CJEU provides binding interpretation
of relevant EU law.
The Council of Europe is older than the EU.
History of the Council of Europe
After the ending of World War II the Council of Europe was founded in May 1949 by ten European
States.
It now consists of 47 member states, including all member states of the EU, but also many states
outside the EU. The seat of the Council of Europe is Strasbourg. The aim of the Council of Europe is
to achieve a greater unity between its members for the purpose of safeguarding and realizing the ideals
and principles which are their common heritage and facilitating their economic and social progress.
Important institutions of the CoE:
Week 2 Fundamental rights in the EU and ECHR legal orders
Literature: Introduction to fundamental rights in Europe + Great Debates Chapter 1, Section 1 & 2
All rights, including the fundamental ones, need to be created and to be secured by binding law of one
or more states.
National states protect fundamental rights in their constitutional law
Two major legal orders beyond the nation state within such binding law can be brought into being:
1. The Council of Europe
2. European Union
The differences between European Union and the Council of Europe
The EU is something like a state: there is a government-like institution consisting of three bodies:
- European Commission
- Council
- Parliament
= legislative body
The European Court of Justice resembles in many ways a constitutional court guarding the consistency
and legality of European law, there is a European citizenship, there is a common currency.
IMPORTANT = the EU has its own legal order for the benefit of which the states have limited their
sovereign rights, albeit within limited fields, and the subjects of which comprise not only the member
states but also their nationals.
In contrast to the EU, the Council of Europe must rather be conceived of as an association of states
who created a range of influential treaties, indicating that the states remain sovereign while
cooperating.
The EU is based on treaties, but mainly produces governance and legislation. The Council of Europe
mainly produces treaties.
Two of the most important treaties produces by the Council of Europe:
1. European Convention for the Protection of Human Rights and Fundamental Freedoms
2. European Social Charter
The European Court of Human Rights (ECHR) applies and interprets the European Convention of
Human Rights. It is a supranational court created by the ECHR where individuals may issue a
complaint against a contracting state which allegedly violated their fundamental rights under the
ECHR, after the national procedure has been completed.
The Court of Justice of the European Union applies and interprets EU law.
Most important function of the Court of Justice is its task of answering preliminary questions posed
by national courts of the Member States. By its judgements the CJEU provides binding interpretation
of relevant EU law.
The Council of Europe is older than the EU.
History of the Council of Europe
After the ending of World War II the Council of Europe was founded in May 1949 by ten European
States.
It now consists of 47 member states, including all member states of the EU, but also many states
outside the EU. The seat of the Council of Europe is Strasbourg. The aim of the Council of Europe is
to achieve a greater unity between its members for the purpose of safeguarding and realizing the ideals
and principles which are their common heritage and facilitating their economic and social progress.
Important institutions of the CoE:
