Why is the protection of fundamental rights needed in the EU?
In order to demonstrate the importance of fundamental rights in the European Union (EU), it needs to be clarified what fundamental rights are and how they differ from the fundamental freedoms of the EU. When going through the literature of the European Union one might see the term “fundamental freedom”. Fundamental freedoms are embedded in the European Economic Community (EEC) since 1957 and describe the free movement of goods, persons, services and capital, the driving forces for the internal market. Even though fundamental freedoms and fundamental rights are linked and sometimes similar, Fundamental freedoms are not to be mixed up with fundamental rights which are much more focused on the citizens’ rights than on the economic factor. Fundamental rights are difficult to define as there is no common sense of what exactly is “fundamental”. Nevertheless there is different background and understanding of fundamental rights, they are generally defined as “…hierarchical supreme norms, which judicially protect citizens against unjustified interference by public authority”.2 Fundamental rights receive the highest level of protection, as they do not only speak the language of the suffered people, but also protect the rights of the nation’s citizens and are therefore essential values of a democratic legal system. Fundamental rights like human dignity, prohibition of slavery and forced labour, the respect of private and family life and the right to marry and to found a family are essential rights and represent a nations or unions values. Moreover fundamental rights ensure equality among citizens.
Table of Contents
1. Why is the protection of fundamental rights needed in the EU?
2. How has the initial problem been resolved (until now)?
Research Objectives and Key Topics
This paper examines the necessity of protecting fundamental rights within the European Union and explores the historical development and current legal status of these rights, specifically focusing on the transition from economic-centered integration to a system that legally enshrines citizen rights.
- The historical imperative for fundamental rights in post-WWII Europe.
- The distinction between fundamental freedoms and fundamental rights.
- The role of the European Court of Justice (ECJ) in establishing case law before the existence of a formal catalogue.
- The impact of the Charter of Fundamental Rights and the Treaty of Lisbon on the EU legal framework.
Excerpt from the Book
1 Why is the protection of fundamental rights needed in the EU?
In order to demonstrate the importance of fundamental rights in the European Union (EU), it needs to be clarified what fundamental rights are and how they differ from the fundamental freedoms of the EU. When going through the literature of the European Union one might see the term “fundamental freedom”. Fundamental freedoms are embedded in the European Economic Community (EEC) since 1957 and describe the free movement of goods, persons, services and capital, the driving forces for the internal market. Even though fundamental freedoms and fundamental rights are linked and sometimes similar, Fundamental freedoms are not to be mixed up with fundamental rights which are much more focused on the citizens’ rights than on the economic factor.
Fundamental rights are difficult to define as there is no common sense of what exactly is “fundamental”. Nevertheless there is different background and understanding of fundamental rights, they are generally defined as “…hierarchical supreme norms, which judicially protect citizens against unjustified interference by public authority”. Fundamental rights receive the highest level of protection, as they do not only speak the language of the suffered people, but also protect the rights of the nation’s citizens and are therefore essential values of a democratic legal system.
Summary of Chapters
1. Why is the protection of fundamental rights needed in the EU?: This chapter defines fundamental rights in the EU context, distinguishes them from economic freedoms, and explains their historical necessity for ensuring democratic legitimacy and protecting citizens.
2. How has the initial problem been resolved (until now)?: This chapter analyzes the evolution of fundamental rights protection through the introduction of the Charter of Fundamental Rights and its subsequent elevation to primary law under the Treaty of Lisbon.
Keywords
European Union, Fundamental Rights, Fundamental Freedoms, European Court of Justice, Treaty of Lisbon, Charter of Fundamental Rights, Human Dignity, Democracy, Legal Personality, European Convention of Human Rights, Integration, Supranational, Case Law, Equality, Constitutionalism.
Frequently Asked Questions
What is the fundamental objective of this paper?
The paper aims to explain why the protection of fundamental rights is crucial for the European Union and to track the progress made in establishing a binding legal framework for these rights.
What are the central thematic areas discussed?
The core themes include the historical background of European integration, the distinction between market-oriented freedoms and human rights, and the legal evolution of the EU's constitutional structure.
What is the primary research question?
The paper explores why protecting fundamental rights is necessary in the EU and how the initial lack of a written catalogue of such rights has been addressed over time.
Which scientific method is applied?
The paper utilizes a legal and historical analysis of EU primary law, case law from the European Court of Justice, and academic literature regarding the integration process.
What is covered in the main body of the text?
The body analyzes the transition of the EU from an economically driven intergovernmental entity to a supranational organization that incorporates fundamental rights as a core value.
Which keywords characterize the work?
Key terms include European Union, Fundamental Rights, ECJ, Treaty of Lisbon, and democratic legitimacy.
What was the historical context that necessitated the focus on fundamental rights?
The destruction caused by World War II and the subsequent need to regain public trust and ensure democratic standards across member states created an urgent need for fundamental rights protection.
How did the European Court of Justice contribute to rights protection before 2007?
Before the Charter was legally binding, the ECJ developed creative case law, applying general legal principles to protect individual rights against public authority interference.
What was the significance of the Treaty of Lisbon?
The Treaty of Lisbon was pivotal as it granted the Charter of Fundamental Rights the same legal standing as the EU Treaties, effectively making it primary law.
Did all member states initially agree to the Charter?
No, countries like Poland and Great Britain were initially hesitant or refused to sign the Charter due to concerns regarding potential conflicts with their national legal systems.
- Quote paper
- Alexandra Edler (Author), 2013, Why is the protection of fundamental rights needed in the EU and how has the initial problem been resolved (until now)?, Munich, GRIN Verlag, https://www.grin.com/document/233259
