EU Law - EU Charter and Accession to the ECHR Flashcards Preview

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Flashcards in EU Law - EU Charter and Accession to the ECHR Deck (122):
1

What does CJEU preference for Charter echo wariness of?

EU human rights being tied too closely to ECHR

2

Bosphorous Airways v Ireland

Members can rely on EU obligations as defence of HR violation, as equivalent system of protection

3

Article 52(5) Charter

Seeks to distinguish principles, which are 'judicially cognisable' only once implemented

4

Horizontal clauses in Charter

Articles 51 - 53

5

What does the solidarity chapter in the Charter reflect?

Provisions already integrated into EU law in European Social Charter

6

What distinction is made in the Charter, between two concepts?

Rights and principles

7

Akerberg Fransson general

Taxes, VAT but Directives irrelevant

8

Test-Achats v Conseil des Ministres general

Car insurance

9

What case shows Protocol (No.30) Article 1 EU Charter is not an 'opt out'?

NS and ME

10

What Article of what Treaty gives a sanction mechanism for serious and persistent breaches of human rights by Members?

Article 7 TFEU

11

What FMW case shows dislike for ECtHR case law/

Dereci

12

What are the six assessment stages in Schecke v Land Hessen?

Identify right, interference, reflected in ECHR, permissible limitations, compliance with limitations and proportionality

13

What is a criticism of Melloni?

Unequivocal reassertion of EU primacy, rather than pluralist coexistence with other human rights systems

14

Melloni judgment

Article 53 does not question EU supremacy - no higher standard of protection allowed

15

How have the ECJ reviewed EU Treaty indirectly?

Through general principles - believe lack of protection is due to oversight

16

What case shows a retreat from Akerberg Fransson?

Counterterrorism Database judgment

17

What case shows ECtHR have already reviewed EU primary law?

Matthews

18

Nada v Switzerland

ECtHR followed CJEU lead

19

Who suggested EU attention to HRs is no more than self-serving instrumentalism?

Williams

20

Counterterrorism Database judgment

Members not bound by Charter if national rules only within abstract scope of EU law, or purely factual effect on EU law

21

EU Ombudsman on EU as human rights actor

Opened investigation into compliance of HR standards by Frontex

22

Name at least two problems ECJ highlighted with the DAA

Mutual trust, review of EU primary law, xo-respondent mechanism and prior involvement procedure

23

What case showed a very low threshold of 'implementing in Union law'?

Akerberg Fransson

24

What case enforced that Article 53 Charter does not question EU supremacy?

Melloni

25

What case showed ECtHR reviewing law of same rank as founding treaties?

Matthews

26

Taxes, VAT but Directives irrelevant

Akerberg Fransson

27

What two cases show mutual influence between CJEU and ECtHR prior to accession?

Nada v Switzerland; Dhabi v Italy

28

CJEU on Opinion 2/94

Accession to ECHR would have 'fundamental institutional implications', so Treaty amendment needed

29

Article 6(2) TEU

EU 'shall accede' to the ECHR

30

Eeckhout on Bosphorous

Need mutual sensitivity for respective roles CJEU and ECtHR play, although Bosphorous may go too far upon accession

31

Protocol (No.30) Article 1 EU Charter

CJEU/court/tribunal in UK/Poland can’t find Polish/UK action to be inconsistent with fundamental rights, freedoms and principles, and no justiciable rights from Title IV unless provided in national law

32

How many years did the Draft Agreement on Accession take to complete?

3 years

33

Car insurance

Test-Achats v Conseil des Ministres

34

What does Eeckhout argue in response to problem of prior-involvement procedure?

No distinction between interpretation and compatibility as CJEU need to rule on the former to tule on the latter

35

What investigation suggested EU is not a significant human rights actor?

EU Ombudsman into Frontex

36

Members not bound by Charter if national rules only within abstract scope of EU law, or purely factual effect on EU law

Counterterrorism Database judgment

37

AMS general

Right to be consulted, private employer

38

Circular definition of 'implementing in Union law', so if EU law applies, so do fundamental rights

Akerberg Fransson

39

Name at least two reasons why accession may still be desirable today?

Signal credibility of EU, ECtHR has expertise, possibility of conflict on same issue and desirability of challenging EU acts before ECtHR

40

AG in Opinion 2/94

Accession unnecessary as EU about economic integration

41

What case shows EU development on equal treatment on grounds of sex?

Test-Achats v Conseil des Ministres

42

Akerberg Fransson judgment

Circular definition of 'implementing in Union law', so if EU law applies, so do fundamental rights

43

Article 6 TEU

Three sources of fundamental rights protection

44

How long was the Convention to draft the EU Charter?

1 year

45

Article 53 Charter

Nothing in the Charter affects HRs or fundamental freedoms adversely

46

NS

CJEU accepted MSS of ECtHR

47

When the ECtHR say they would review in Bosphorous?

If there were a manifest deficiency

48

Who suggested CJEU sometimes 'manifestly' prefers the Charter?

Burca

49

What case Left open if sufficiently precise provision of Charter would have horizontal application against an individual?

AMS

50

Article 7 TFEU

Sanction mechanism for serious and persistent breaches of human rights by members

51

Who questions if mutual trust even clearly trumps protection of fundamental rights?

Eeckhout

52

What was the effect of the EU Charter

Made ECHR rights 'visible'

53

What, under Article 52(5), is only judicially cognisable once implemented by the Member?

Principles

54

Eeckhout on Melloni

Shows potential conflicts between EU and national law can be resolved from within

55

Field of application of the Charter

Article 51 Charter

56

Schecke v Land Hessen general

Data protection of farmers

57

Name the six chapter rights given in the Charter

Dignity, freedoms, equality, solidarity, citizens' rights and justice

58

Article 51 Charter

Field of application of the Charter

59

What showed dislike of possibility of superior review in Opinion 2/94?

'Fundamental institutional implications'

60

Article 52 Charter

Scope and interpretation of rights and principles

61

What was the main issue with the prior-involvement procedure in DAA?

Limited to compatibility of EU law

62

Why can EU not be a defendant in Strasbourg?

Not a member of the ECHR

63

Williams on EU as human rights actor

EU attention to HRs is no more than self-serving instrumentalism

64

NS and ME

Protocol (No.30) is not an opt out - no exemption from obligations to comply with Charter, or ability to prevent court from ensuring compliance

65

What does Eeckhout argue in response to problems of corespondent mechanism?

ECJ need not look intrusively, just at discretion to determine responsibility

66

Right to be consulted, private employer

AMS

67

What did the two separate concurring opinions by 7 judges in Bosphorous express?

Reservations about majority approach - concern about largely abstract general system of 'equivalence' replacing case-by-case analysis

68

ECtHR found failure to make a preliminary reference to ECJ violated Article 6(2) ECHR

Dhabi v Italy

69

Articles on citizens' rights

Articles 20 - 25 TFEU

70

Douglas-Scott on Bosphorous?

Would need to abandon it upon accession to the ECHR

71

AMS judgment

Left open if sufficiently precise provision of Charter would have horizontal application against an individual

72

What does Eeckhout point to to suggest mutual trust does not trump protection of fundamental rights?

Opening provision in TFEU on AFSJ requires respect for fundamental rights

73

ECtHR followed CJEU lead

Nada v Switzerland

74

Dereci general

Austria, Turkey, daughter

75

What case shows indirect review of EU acts by ECtHR prior to accession?

Bosphorous

76

What is an example of ECJ reviewing EU Treaty indirectly?

No action by EU P against other institutions

77

Data protection of farmers

Schecke v Land Hessen

78

AG Jacobs in Bosphorous

For 'practical purposes', ECHR is part of EC law and 'can be invoked as such both in this Court and in national courts'

79

What G argued against inclusion of social and economic rights in EU Charter?

UK

80

Julian Hernandez

Fundamental rights review of Member action ensures EU law supremacy

81

What section gave three sources of fundamental rights protection?

Article 6 TEU

82

Bosporus showed presumption of what?

Compliance with ECHR by equivalent protection of EU on fundamental human rights

83

Amnesty International on EU as human rights actor

Criticised EU for neglecting and undermining HR concerns

84

What case started the EU development on equal treatment on grounds of sex?

Test-Achats v Conseil des Ministres

85

Why does Eeckhout suggest ECtHR review of primary law could be to ECJ's interest?

CJEU barring from reviewing CFSP may breach right to an effective remedy

86

Test-Achats v Conseil des Ministres judgment

Gender Directive allowed discrimination of prohibited criteria indefinitely, not allowed

87

Matthews judgment

EU primary law violated Protocol 1 ECHR right to vote

88

What Treaty entered the EU Charter into force?

Lisbon Treaty 2009

89

What was attached to the Bosphorous judgment?

Two separate concurring opinions by 7 judges

90

What is the reasoning in Julian Hernandez the same as?

Reasoning for fundamental rights review of EU action in Handelsgesellschaft

91

What AG stated that ECHR is part of EC law 'for practical purposes', and in what case?

AG Jacobs in Bosphorous

92

EU 'shall accede' to the ECHR

Article 6(2) TEU

93

What is the Bosphorous case an example of?

Solange principle

94

Criticised EU for neglecting and undermining HR concerns

Amnesty International

95

Eeckhout on problem of mutual trust under Opinion

Does mutual trust even clearly trump protection of fundamental rights?

96

Who opened an investigation into compliance of HR standards by Frontex?

EU Ombudsman

97

Why does Douglas-Scott think Bosphorous would need to be abandoned upon accession to the EU?

EU should not be privileged

98

What Protocol of what means no court can find UK/Poland to be inconsistent with fundamental rights?

Protocol (No.30) Article 1 EU Charter

99

What case shows ECtHR enforcing EU law?

Dhabi v Italy

100

How does Dereci show ECJ dislike for ECtHR case law?

Barely mentioned Article 8 ECHR

101

Who are Frontex?

EU border agency

102

What case gives a model for how CJEU analyse cases for violation of Charter?

Schecke v Land Hessen

103

Name the two cases showing CJEU reviewing EU legislation through Charter

Schecke v Land Hessen; Test-Achats v Conseil des Ministres

104

What kind of rights are lacking in the ECHR, but present in the Charter?

Social and economic rights

105

What are the three sources of fundamental rights protection?

EU Charter, ECHR and general principles of EU law

106

Why is Protocol (No.30) Article 1 EU Charter primarily declaratory?

Doesn't overturn ECJ case law on various instrumental sources

107

gibraltar citizens vote in EU p

Matthews

108

Matthews general

gibraltar citizens vote in EU p

109

Dhabi v Italy

ECtHR found failure to make a preliminary reference to ECJ violated Article 6(2) ECHR

110

Why did Eeckhout find the concerns over prior-involvement procedure surprising?

Informally agreed in a joint press communication

111

Melloni general

EU arrest warrant, surrender, in absentia

112

What is the most controversial amendment by Lisbon to the ECHR?

Article 52(5)

113

Schecke v Land Hessen judgment

Regulation struck down for infringement of fundamental right to protection of personal data

114

MSS v Belgium and Greece general

EU asylum, Dublin, exceptions

115

What does Article 52(5) Charter try to introduce?

Introduce traditional distinction between negatively-oriented civil and political rights, and positively-oriented economic and social rights

116

What do limitations need to be under Article 52 Charter?

'Provided for by law', necessary, meet objective of general interest/need to protect rights of others AND proportionality

117

What Article states that overlap between Charter and ECHR means scope and meaning the same?

Article 52 Charter

118

What is the difference in position between Bosphorous and Handelsgesellschaft

Seems every individual can try to rebut presumption in Bosphorous as only manifest deficiency, as opposed to systematic

119

Opinion 2/94 Accession to ECHR was based on what proposal?

Treaty requiring all Members and EU to agree to accede to ECHR

120

Fundamental rights review of Member action ensures EU law supremacy

Julian Hernandez

121

How many chapters does the Charter have?

7

122

MSS v Belgium and Greece judgment

Discretion meant it should have been exercised and not sent back

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