The fact that fundamental rights are an essential component of the European Union is today a consolidated state of affairs. In this sense, the EU seems to have undergone a true genetic transformation, evolving from a sui generis international organization, mainly focused on market integration, to an autonomous legal order protecting and promoting the rule of law within and outside its boundaries.
EUROPEAN UNION TOPICS HUMAN RIGHTS
EUROPEAN UNION - HUMAN RIGHTS - FOREIGN POLICY
(46) The EU Charter of Fundamental Rights
History: EU Charter of Fundamental Rights
The EU's charter of fundamental rights - five years on
EU Charter of Fundamental Rights: read it before you vote on 23 June
Social Rights in the European Union: The Possible Added Value of a Binding Charter of Fundamental Rights
1. What Are Social Rights?
The expression “social rights” cannot be fully understood without considering civil and political rights, which are all inherent to citizenship. In particular, as T.H. Marshall notes, “the civil element is composed of the rights necessary for individual freedom-liberty of the person, freedom of speech, thought and faith, the right to own property and to conclude contracts, and the right to justice.”1 Political rights, instead, embody “the right to participate in the exercise of political power, as a member of a body invested with political authority or as an elector of the member of such body.”2 Finally, social rights comprehend “the whole range, from the right to a modicum of economic welfare and security to the right to share to the full in the social heritage and to live the life of civilized being according to the standards prevailing in the society.”3
(45) The EU Charter of Fundamental Rights
An area of freedom, security and justice: general aspects
The Area of Freedom, Security and Justice Before and After the Lisbon Treaty
Sources of Law and Primacy
Judicial Review
The fall of the pillar structure attributes general jurisdiction to the Court of Justice and most notably removes the limitations concerning preliminary rulings in the Area of Freedom, Security and Justice. It will be remembered that in the field of visas, asylum, immigration and judicial cooperation in civil matters, only higher national courts were entitled to refer cases to the ECJ pursuant to Art. 68 TEC, 29 which undoubtedly compromised the uniform application of EC law. Moreover, the different standard afforded to EU and foreign citizens was hard to combine with the need to guarantee the protection of fundamental rights within the EC legal order. Finally, it should not be forgotten that, unlike the Member States, the Council and the Commission, the European Parliament was prevented from asking the ECJ to rule on the interpretation of measures adopted on the basis of Title IV of the EC Treaty.
(44) The EU Charter of Fundamental Rights
An area of freedom, security and justice: general aspects
The Area of Freedom, Security and Justice Before and After the Lisbon Treaty
Sources of Law and Primacy
With the entry into force of the Lisbon Treaty, the EU measures concerning the AFSJ will take the form of Regulations and Directives, adopted by the EU Council by a qualified majority according to the ordinary legislative procedure.
This compensates the shortcomings of the previous regime, where unanimity and the absence of direct effect and primacy raised concerns in terms of efficiency and effectiveness.13 The most important consequence is that the principle of primacy and the principle of direct effect, affirmed by the Court of Justice in relation to acts adopted under the First Pillar, will be applicable in any area where the EU can generate law, including the measures on police and judicial cooperation in criminal matters.
(43) The EU Charter of Fundamental Rights
Charter of Fundamental Rights of the European Union
COMMENTARY OF THE CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION
Article 47 of the EU Charter of Fundamental Rights and Its Impact on Judicial Cooperation in Civil and Commercial Matters
The Impact of a Binding Charter on Enforcement Policy in the Area of Freedom, Security and Justice. . .and Beyond. Some Brief Considerations de iure condendo
Some important conclusions can be drawn on the impact of a binding Charter on the legislative policy and judicial approach to be followed in the future. Firstly, it has been argued that the legal enforceability of the Charter of Fundamental Rights might lead the Court to reconsider its traditional approach on private standing in actions against measures with a general scope of application. Acting similarly to a supreme national court, the EUCJ would have to carefully balance Art. 263 TFEU and Art. 47 CFR, as the status of primary law is recognised for both provisions.
(42) The EU Charter of Fundamental Rights
History: EU Charter of Fundamental Rights
The EU Charter of Fundamental Rights: What Can It Do?
EU Charter of Fundamental Rights
Article 47 of the EU Charter of Fundamental Rights and Its Impact on Judicial Cooperation in Civil and Commercial Matters
Effective Access to Justice and Judicial Cooperation in Civil and Commercial Matters
The fundamental rights enshrined in Art. 47 CFR will play a significant role in the context of the judicial cooperation in civil matters and, ultimately, in the developing of an Area of Freedom, Security, and Justice.
In this regard it should be noted that the intention to create such an area led the Member States to grant more competences to the Community, including, in particular, the power to pass legislation with a view to promote the compatibility of the rules concerning conflict of laws and jurisdiction, traditionally left to the national parliaments.29 Accordingly, the Community has adopted several measures with a cross-border impact to the extent necessary for the proper functioning of the internal market (as, for instance, the well known Brussels Regulation), with an extraordinary and unique legislative activism30 characterized in the first period by a lack of organicity and coordination. On its part the ECJ recently delivered an Opinion31 emphatically praising Regulation No 44/2001 in as much as it institutes a unified and coherent system of rules on jurisdiction and enforcement of judgements.
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European Union Center of Studies Robert Schuman
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