The paper offers a review of a parallel development of two distinct but increasingly overlapping systems of the protection of human rights, the one under the auspices of the Council of Europe and its European Convention on Human Rights and the other integrated within the Community Law of the European Communities and later the European Union.
The former established the individual citizen as the subject of international law, who may seek protection for alleged violations of his/her rights directly from the European Court of Human Rights in Strasbourg. This system operates relatively efficiently since it is based on the largely universally accepted political principles of democracy and human rights by all member states of the Council of Europe. In contrast, the Community Law system is concerned more with economic and social rights of the European Union citizens. Given a specific supra-national legal system of the European Union some of its norms may collide with the European Convention on Human Rights as well as with national constitutions of EU member states.
Under the doctrine of "surrendered sovereignty" the European Court of Justice is authorized to issue direct orders to national courts when applying the Community Law. This is not the case with the European Court of Human Rights, which can act only on an individual case-to-case basis without giving preliminary judgements on national laws in general. Moreover, the two courts gave different interpretations of certain provisions of the European Convention on Human Rights in the past and issued contradictory judgements.
To avoid such problems, some have proposed an idea that, despite the fact that all EU member states have signed the European Convention on Human Rights, the European Union as an entity should do the same in order to ensure uniformity of legal interpretations and judicial practice, which again raises questions on the legal nature of the European Union.
Table of Contents
BACKGROUND
EUROPEAN CONVENTION ON HUMAN RIGHTS – THE INDIVIDUAL AS THE SUBJECT OF INTERNATIONAL LAW
EUROPEAN UNION IN BRIEF
THE CONVENTION AND THE COMMUNITY LAW
CONCLUSION - EUROPEAN UNION TO SIGN THE CONVENTION?
Objectives and Topics
This seminar paper explores the relationship between the European Convention on Human Rights (ECHR) and the legal system of the European Union, specifically addressing how the EU integrates fundamental rights protections into its "Community Law" framework despite not being a formal signatory to the Convention.
- The evolution of the European Convention on Human Rights as an instrument of international law.
- The historical development and institutional nature of the European Union.
- The interplay between the European Court of Human Rights and the European Court of Justice.
- The challenges of aligning supra-national Community Law with constitutional human rights protections.
- The ongoing debate regarding the potential accession of the EU to the Convention.
Excerpt from the Book
EUROPEAN CONVENTION ON HUMAN RIGHTS – THE INDIVIDUAL AS THE SUBJECT OF INTERNATIONAL LAW
A major achievement of the Council of Europe was arguably the adoption of the European Convention on Human Rights (ECHR) in 1950, which entered into force in 1953. Unlike traditional international law, founded on the doctrine of sovereignty and operating on the principles of reciprocity between the states, modern international human rights law calls for a state to accept unilateral obligations ensuring protection of human rights within its jurisdiction. The individual is now considered the subject rather than the object of international law. This is evident from the text of the Convention, which in Article 34 provides for individuals, group of individuals and non-governmental organisations to lodge complaint against any of the signatories to the Convention, along with the provision for inter-state complaint set in Article 33.
The preamble of the Convention invokes the Universal Declaration of Human Rights, adopted by the United Nations’ General Assembly in 1948, but in this context the Convention acts as lex specialis, being designed to meet specific requirements of European countries. It also differs from other international documents on human rights in that it secures relatively reliable legal instruments for the protection of human rights contained therein. Of these, the most important were embodied in the European Commission of Human Rights established in 1954, and the European Court of Human Rights established in 1959. Given the ratification of the Convention is a precondition for membership in the Council of Europe, any individual, regardless of his/her citizenship or legal status who is under jurisdiction of any of the member states, enjoys full protection in accordance with the provisions of the Convention and this is revolutionary step forward in the development of international law.
Summary of Chapters
BACKGROUND: This chapter traces the post-WWII history of European integration and the establishment of the Council of Europe as an intergovernmental organization dedicated to human rights and the rule of law.
EUROPEAN CONVENTION ON HUMAN RIGHTS – THE INDIVIDUAL AS THE SUBJECT OF INTERNATIONAL LAW: This section details the significance of the 1950 Convention in shifting the individual from an object to a subject of international law, and explains the mechanisms of the European Court of Human Rights.
EUROPEAN UNION IN BRIEF: This chapter provides a concise overview of the economic integration process in Europe, from the 1951 ECSC to the formation of the EU under the Treaty of Maastricht.
THE CONVENTION AND THE COMMUNITY LAW: This chapter examines the legal relationship between the EU's supra-national system and the ECHR, highlighting potential conflicts and the role of the Court of Justice in interpreting fundamental rights.
CONCLUSION - EUROPEAN UNION TO SIGN THE CONVENTION?: This chapter summarizes the necessity of dual protection systems and discusses the ongoing debate and institutional hurdles regarding the EU's potential formal accession to the Convention.
Keywords
European Convention on Human Rights, ECHR, European Union, Community Law, Human Rights, European Court of Human Rights, European Court of Justice, Integration, Sovereignty, Fundamental Rights, Council of Europe, Maastricht Treaty, International Law, Individual Rights, Legal Protection
Frequently Asked Questions
What is the core focus of this paper?
The paper examines the relationship between the European Convention on Human Rights and the European Union’s legal order, focusing on how fundamental rights are protected within the context of EU Community Law.
What are the primary thematic areas covered?
The themes include the history and function of the Council of Europe, the role of the ECHR, the institutional evolution of the EU, and the legal interaction between European supra-national institutions.
What is the ultimate goal of the research?
The goal is to analyze whether the current dual system of human rights protection is sufficient and to explore the challenges and potential future accession of the EU to the Convention.
Which scientific method is applied?
The paper utilizes a comparative legal analysis, evaluating treaty texts, judicial precedents, and the relationship between different international legal instruments.
What topics are discussed in the main body?
The main body covers the shift in international law regarding individual status, the institutional framework of the EU, and the jurisprudence of the European Court of Justice concerning human rights.
Which keywords define this work?
Key terms include European integration, human rights protection, individual rights, supra-national law, and the ECHR-EU legal nexus.
Why is the role of the Court of Justice significant?
The Court of Justice is critical because it acts as the supreme judicial authority for EU law and has progressively integrated human rights principles into its practice, despite the EU not being a direct party to the Convention.
What is the main argument regarding the EU's potential signature of the Convention?
The author notes that while there is an idea for the EU to sign the Convention, it is currently rejected by many member states due to significant differences in the interpretation of social and economic rights and concerns regarding the nature of the EU's legal standing.
- Quote paper
- Sead S. Fetahagić (Author), 2003, European Convention on Human Rights in the Context of the European Union Law, Munich, GRIN Verlag, https://www.grin.com/document/355441
