EU Law and European System of Human Rights Protection

5. The Court of Justice and Human Rights – Fundamentals - 13 October 2021

Initial developments, core principles, search for sources of human rights in EC/EU.

Terminology: “human rights” and “fundamental rights.”

Spheres of application.

Readings:

FABBRINI, Federico (2016). “Human Rights in the EU: Historical, Comparative and Critical Perspectives”. iCourts Working Paper Series, No. 63. (28 pages)
KUMM Mattias (2010). “Internationale Handelsgesellschaft, Nold and the New Human Rights Paradigm.” In: MADURO Miguel Poiares – AZOULAI Loic (eds.): The Past and Future of EU Law. The Classics of EU Law Revisited on the 50^th Anniversary of the Rome Treaty. Oxford: Hart Publishing, pp. 106-118. (13 pages)
YOUNG, Alison L. (2017). “EU Fundamental Rights and Judicial Reasoning: Towards a Theory of Human Rights Adjudication for the European Union”. In: DOUGLAS-SCOTT, Sionadh – HATZIS, Nicholas (eds.). Research Handbook on EU Law and Human Rights. Cheltenham: Edward Elgar, 2017, pp. 139–161. (23 pages) (https://ora.ox.ac.uk/objects/uuid:498e4c49-32a1-4cd1-8a49-1d964c19f696/)

Total: 64 pages.

Fabbrini

Which HR provisions could you find in the founding treaties? And why so few?

Which EEC institution has been the most active in providing HR protection and why?

Are there any other EU institutions dealing with HR?

Young

What are the ways international courts use to reconcile unity and diversity in the given regime? When are they used and what are their pros and cons?

What is the difference between concepts of human rights, fundamental rights and fundamental freedoms (HR, FR and FF)?

What if FF and FR clash? How did the CJEU deal with such clashes?

In which situations do HR provisions of the EU law apply?

Kumm

What this the difference between the legalistic and rationalist paradigm?