Human Rights in European Law Term Paper by nikki77

Human Rights in European Law
Investigates the impact on the laws of European Union (EU) member states of the human rights provisions set out in the Treaty of Lisbon.
# 149066 | 3,575 words | 30 sources | MLA | 2011 | IE
Published on Nov 22, 2011 in Law (International) , European Studies (European Union) , Ethics (General)


$19.95 Buy and instantly download this paper now

Description:

This paper explains that, although the European Union (EU) was created originally as a solely economic community, its expansion into political and social spheres has made it necessary for it to develop a human rights policy. Next, the author presents an overview of the development of human rights law in the ECJ (Court of Justice and the General Court) prior to the enforcement of the Lisbon Treaty, particularly with regard to sources of law and reviews the legal status given to the Union's own Charter of Fundamental Rights (ECHR) and the accession of the EU to the ECHR. The paper concludes by projecting the potential impact of these Lisbon Treaty provisions on the Court in terms of how it will develop its human rights law in the future The paper includes footnotes.

Table of Contents:
Abstract
Introduction
Sources of Human Rights Law in the ECJ Prior to the Implementation of the Lisbon Treaty
The Impact of the Lisbon Treaty - Giving Human Rights An "Independent Foundation" in EU Law?
The EU Charter of Fundamental Rights
EU Accession to the ECHR
The Independent Foundations of EU Human Rights Law and their Effect on the Future Development of Human Rights Law in the ECJ
Conclusion

From the Paper:

"It was with the emergence of the doctrine of supremacy of EU law and of direct effect that questions began to be raised in terms of how EU law impacted upon the national human rights provisions of Member States. German appellants in particular were concerned about the effect of EU law on their constitution, which has a heavy emphasis on human rights. Recognising that the Union could no longer ignore such issues, the Court began to alter its stance. The first of the cases to evidence this new approach was the "celebrated judgment" of Stauder v. City of Ulm in which the Court expressly recognised fundamental human rights as an element of the "general principles of law" by which they were led. The case of Internationale Handelsgesellschaft mbH v. Einfuhr-und Vorratsstelle fur Getreide und Futermittel built on the judgment in Stauder, the Court stating that while it was unable to assess Community law in light of the fundamental rights "as formulated by the constitution of that state", respect for fundamental human rights formed an integral part of the general principles of law protected by the Court of Justice, and these principles were "inspired by the constitutional traditions common to the Member States.""

Sample of Sources Used:

  • Alston, P. and Weiler, J., "'An Ever Closer Union' in Need of a Human Rights Policy" (1998) 9 EJIL 658
  • Costello, C., "The Bosphorus Ruling of the European Court of Human Rights: Fundamental Rights and Blurred Boundaries in Europe", [2006] Human Rights Law Review 6:1
  • Greer, S. and Williams, A., "Human Rights in the Council of Europe and the EU: Towards 'Individual', 'Constitutional' or 'Institutional' Justice?" (2009) 15(4) European Law Journal, 462
  • Harpaz, G., "The European Court of Justice and its Relations with the European Court of Human Rights: The Quest for Enhanced Reliance, Coherence and Legitimacy", (2009) 46 Common Market Law Review 105
  • Kapteyn, P. J. G., "The Application and Enforcement of Community Law in the National Legal Systems" in Kapteyn, McDonnell, Mortelmans, Timmermans and Geelhoed (eds.) The Law of the European Union and the European Communities with reference to the changed to be made by the Lisbon Treaty (4th ed., Welters Kluwer Law and Business, 2008)

Cite this Term Paper:

APA Format

Human Rights in European Law (2011, November 22) Retrieved August 18, 2019, from https://www.academon.com/term-paper/human-rights-in-european-law-149066/

MLA Format

"Human Rights in European Law" 22 November 2011. Web. 18 August. 2019. <https://www.academon.com/term-paper/human-rights-in-european-law-149066/>

Comments