Fundamental rights of Europe: tutorial 1
Tutorial 1: development fundamental rights in the legal orders of Europe,
effect of EU law and ECHR in domestic legal order, significance of the ECHR
in EU law
Subjects:
o Introduction to and development of fundamental rights
o Introduction Council of Europe (CoE) and European Union (EU) legal
orders
o Sources of EU law and relevant CoE conventions
o Institutions EU law and CoE
o Effect of international law and EU law in domestic legal order (monism,
dualism, direct effect)
o Origin and development of fundamental rights in EU law (General
principles of EU law, national constitutional traditions, Charter)
o Interaction EU law and ECHR (art. 6 TEU, art. 52(3) Charter, accession EU
to the ECHR)
Learning aims:
o To understand and be able to explain the origin and development of
fundamental human rights protection in Europe
o To be able to identify the main sources of EU law and the main sources of
fundamental rights in CoE and EU instruments
o To be able to explain the legal effect of CoE treaties and EU law in
domestic legal orders
o To be able to apply the EU doctrine of direct effect to a case-solving
question
o To be able to explain how human rights law developed within the EU legal
order;
o To be able to identify the three formal sources of human rights protection
in EU law;
o To be able to point out the relationship between human rights protection
in EU law on the one hand, and human rights protection provided by the
ECHR on the other hand;
o To be able to distinguish between, and draw upon these two legal orders
when solving a case-solving question involving domestic law and/or
international legal obligations of the Member States.
Literature:
1
, Fundamental rights of Europe: tutorial 1
o Pieter Boeles, Introduction to Fundamental Rights in Europe, available at
Canvas;
o A. Reinisch, ‘Fundamental Rights in the EU’, in: Essentials of EU Law,
Cambridge University Press 2012, not 6.5 and 6.6 and 6.13, available here:
> you should know how fundamental rights protection developed in the
EU, and the relationship with the ECHR.
o Explanations relating to the Charter of Fundamental Rights (2007/C
303/02), OJ 14 December 2007, C 303/17, Explanation on Article 52 x—
Scope and interpretation of rights and principles.
Case law (see reader):
o ECJ, Case 26/62 Van Gend en Loos v Nederlandse Administratie der
Belastingen [1963] ECR 1.
o ECJ, Case 6/64 Costa v Enel [1964] ECR 585.
o ECJ, Case 41/74 Van Duyn v Home Office [1974] ECR 1337.
o ECJ, Case 11/70 Internationale Handelsgesellschaft mbH v Einfuhr- und
Vorratsstelle für Getreide und Futtermittel [1970] ECR 1125.
o ECJ Case 44/79 Hauer v Land Rheinland-Pfaltz [1979] ECR 3727.
o EJC Case C-402 and 415/05 Kadi I, [2008] ECRI-6351.
Blue contains information of explanation
Green is the right answer
Question 1
In the early years of European integration, cooperation between the Member
States of the EU focused mainly on economic issues. However, over the years,
European integration has widened and it now covers many other policy areas,
including even criminal law. With specific regard to judicial cooperation in
criminal matters and police cooperation, numerous measures are currently in
place, addressing matters ranging from countering terrorism to sharing evidence
and enforcing penalties. The most high profile instrument of them all is perhaps
the European Arrest Warrant, an arrest warrant valid throughout all Member
States of the European Union. Once issued, it requires another member state to
arrest and transfer a criminal suspect or sentenced person to the issuing state, so
that the person can be put on trial or complete his or her prison sentence.
Cooperation between Member States in criminal law and policy requires
common standards, also regarding the rights and procedural safeguards for
accused persons. The EU has adopted three Directives in this area, covering
respectively the right to an interpreter and to translation in criminal proceedings,
the right to information, and the right to legal assistance in such proceedings
(Directives 2010/64/EU, 2012/13/EU and 2013/48).
2
Tutorial 1: development fundamental rights in the legal orders of Europe,
effect of EU law and ECHR in domestic legal order, significance of the ECHR
in EU law
Subjects:
o Introduction to and development of fundamental rights
o Introduction Council of Europe (CoE) and European Union (EU) legal
orders
o Sources of EU law and relevant CoE conventions
o Institutions EU law and CoE
o Effect of international law and EU law in domestic legal order (monism,
dualism, direct effect)
o Origin and development of fundamental rights in EU law (General
principles of EU law, national constitutional traditions, Charter)
o Interaction EU law and ECHR (art. 6 TEU, art. 52(3) Charter, accession EU
to the ECHR)
Learning aims:
o To understand and be able to explain the origin and development of
fundamental human rights protection in Europe
o To be able to identify the main sources of EU law and the main sources of
fundamental rights in CoE and EU instruments
o To be able to explain the legal effect of CoE treaties and EU law in
domestic legal orders
o To be able to apply the EU doctrine of direct effect to a case-solving
question
o To be able to explain how human rights law developed within the EU legal
order;
o To be able to identify the three formal sources of human rights protection
in EU law;
o To be able to point out the relationship between human rights protection
in EU law on the one hand, and human rights protection provided by the
ECHR on the other hand;
o To be able to distinguish between, and draw upon these two legal orders
when solving a case-solving question involving domestic law and/or
international legal obligations of the Member States.
Literature:
1
, Fundamental rights of Europe: tutorial 1
o Pieter Boeles, Introduction to Fundamental Rights in Europe, available at
Canvas;
o A. Reinisch, ‘Fundamental Rights in the EU’, in: Essentials of EU Law,
Cambridge University Press 2012, not 6.5 and 6.6 and 6.13, available here:
> you should know how fundamental rights protection developed in the
EU, and the relationship with the ECHR.
o Explanations relating to the Charter of Fundamental Rights (2007/C
303/02), OJ 14 December 2007, C 303/17, Explanation on Article 52 x—
Scope and interpretation of rights and principles.
Case law (see reader):
o ECJ, Case 26/62 Van Gend en Loos v Nederlandse Administratie der
Belastingen [1963] ECR 1.
o ECJ, Case 6/64 Costa v Enel [1964] ECR 585.
o ECJ, Case 41/74 Van Duyn v Home Office [1974] ECR 1337.
o ECJ, Case 11/70 Internationale Handelsgesellschaft mbH v Einfuhr- und
Vorratsstelle für Getreide und Futtermittel [1970] ECR 1125.
o ECJ Case 44/79 Hauer v Land Rheinland-Pfaltz [1979] ECR 3727.
o EJC Case C-402 and 415/05 Kadi I, [2008] ECRI-6351.
Blue contains information of explanation
Green is the right answer
Question 1
In the early years of European integration, cooperation between the Member
States of the EU focused mainly on economic issues. However, over the years,
European integration has widened and it now covers many other policy areas,
including even criminal law. With specific regard to judicial cooperation in
criminal matters and police cooperation, numerous measures are currently in
place, addressing matters ranging from countering terrorism to sharing evidence
and enforcing penalties. The most high profile instrument of them all is perhaps
the European Arrest Warrant, an arrest warrant valid throughout all Member
States of the European Union. Once issued, it requires another member state to
arrest and transfer a criminal suspect or sentenced person to the issuing state, so
that the person can be put on trial or complete his or her prison sentence.
Cooperation between Member States in criminal law and policy requires
common standards, also regarding the rights and procedural safeguards for
accused persons. The EU has adopted three Directives in this area, covering
respectively the right to an interpreter and to translation in criminal proceedings,
the right to information, and the right to legal assistance in such proceedings
(Directives 2010/64/EU, 2012/13/EU and 2013/48).
2
