lecture 10

Question 1

What is the scope of the EU Charter of Fundamental Rights?

Answer 1

-institutions of the Union
-Memberstates when they are implementing EU Law
-same scope as EU general principles–WHERE MEMBERS STATES ARE OPTING-OUT OF EU LAW- it also applies.

Question 2

What is special about the EU charter of fundamental rights (in relation to other Human Rights treaties)?

Answer 2

-It is relatively wide ranging and extensive.
- Has traditional rights but also others (such as group rights, and right to data protection).

Question 3

What is the legal value of the CRFEU?

Answer 3

Charter has the ‘same legal value’ as the Treaties, but cannot strike treaty provisions down.

Question 4

Has the EU acceded to ECHR and what could this be useful for?

Answer 4

-not (yet)
-to fill in gaps, Example: when State breaches ECHR, but law comes from EU.

Question 5

What are the limits of the CRFEU

Answer 5

-CRFEU does not extend EU’s powers.
-Charter does not expand things already mentioned in the treaty.
-Rights functionally the same as ECHR
-Cannot limit or adversely affect human rights elsewhere in EU law, international treaties, or Member States’ Constitutions