European Law and Human Rights Principles

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Questions and Answers

What are the core values of the Council of Europe?

Democracy, human rights, and the rule of law.

How does international law support the protection of rights?

It provides treaties and agreements that establish frameworks to protect rights across borders.

What role does the European Court of Human Rights play in enforcing international law?

It ensures that states comply with their obligations under international law.

What is the significance of the Charter of Fundamental Rights of the European Union?

It consolidates key human rights applicable within the EU and is legally binding. Signup and view all the answers

In what way does EU law act as a bridge between international law and national law?

EU law incorporates international standards into the legal framework for member states. Signup and view all the answers

What is the function of the Court of Justice of the European Union (CJEU)?

It oversees the interpretation and application of EU law to ensure uniformity across member states. Signup and view all the answers

Why might individuals bring cases to international courts?

Individuals may seek recourse from international courts when national remedies fail. Signup and view all the answers

How is law described in relation to its layers and complexity?

Law is described as a multilayered system with interconnected legal systems interacting in complex ways. Signup and view all the answers

What does the Principle of Legality ensure regarding government actions?

It ensures that government actions must adhere to existing laws and that no one, including the government, is above the law. Signup and view all the answers

How does the concept of equality before the law contribute to fairness in society?

It ensures that laws are applied impartially to all individuals, promoting fairness and justice without discrimination. Signup and view all the answers

What is meant by the absence of arbitrariness in public authority decisions?

It means that decisions by public authorities must be based on clear and predictable laws rather than arbitrary discretion. Signup and view all the answers

Why is the separation of powers important in a constitutional framework?

It prevents abuse of power by distinctly dividing the legislative, executive, and judicial functions of government. Signup and view all the answers

What role does the independence of the judiciary play in upholding the rule of law?

It ensures that courts operate free from external influences, allowing for unbiased interpretation and application of the law. Signup and view all the answers

How must governments respect fundamental rights according to the rule of law?

Governments must protect human rights, with any restrictions adhering to the principles of necessity, proportionality, and legality. Signup and view all the answers

What does the binding nature of laws imply for citizens and the government?

It implies that laws are binding on both citizens and the government, ensuring accountability for all. Signup and view all the answers

What is the purpose of judicial review in a constitutional context?

Judicial review allows courts to assess laws and executive actions for compliance with constitutional and legal standards. Signup and view all the answers

What constitutes national law and what are its main components?

National law consists of a country's domestic legal framework, including its constitution, statutes, and judicial systems. Signup and view all the answers

Why is the definition of a constitution as ‘the national law of a state’ considered imprecise?

This definition is imprecise because the constitution does not incorporate all laws but rather serves as a central document outlining fundamental rules. Signup and view all the answers

What role do national courts, particularly Supreme Courts, play in the enforcement of national law?

National courts, especially Supreme Courts, ensure compliance of domestic laws with the constitution and protect individual rights. Signup and view all the answers

Identify one of the basic questions of constitutional law concerning the allocation of power.

One basic question is whether institution X has power Y, which requires explicit allocation by the constitution. Signup and view all the answers

What is constitutionalism and why is it important in the context of democratic governance?

Constitutionalism is the principle that the exercise of public power is governed by a constitution and the rule of law, preventing absolute or arbitrary power. Signup and view all the answers

Explain the significance of having limits on the exercise of power in constitutional law.

Limits on the exercise of power ensure that power is exercised lawfully and respects fundamental rights, promoting accountability. Signup and view all the answers

What distinguishes institutional law as a branch of constitutional law?

Institutional law governs the distribution of power and tasks among various branches of government. Signup and view all the answers

How do national remedies relate to individuals' rights protection under national law?

National remedies are the first recourse for individuals seeking to protect their rights, but if found inadequate, cases can be escalated to EU or international bodies. Signup and view all the answers

What distinguishes permanent residents from full citizens?

Permanent residents have long-term residency rights but lack full political participation, such as voting in national elections. Signup and view all the answers

What are the conditions under which holders of student or work visas can maintain their status?

Holders of student or work visas must fulfill specific requirements, such as remaining enrolled in education or being employed. Signup and view all the answers

What protections do migrants with refugee status receive under international law?

Migrants with refugee status are protected from deportation and recognized for fleeing persecution or war. Signup and view all the answers

What is the main limitation of refugees regarding permanent residency?

Refugees often face significant barriers to achieving permanent residency or full integration. Signup and view all the answers

What does a tourist visa typically prohibit?

A tourist visa typically prohibits work and long-term integration into the host country. Signup and view all the answers

How is 'toleration status' defined, and what are its implications for migrants?

Toleration status is an administrative category for migrants who cannot be deported, offering minimal rights and living under constant risk of deportation. Signup and view all the answers

What characterizes individuals with no legal status or irregular status in a country?

Individuals with no legal status lack any legal authorization to stay, leading to precarious living conditions. Signup and view all the answers

How does the category of temporary migrants differ from that of permanent residents?

Temporary migrants have limited and conditional rights based on fulfilling visa requirements, unlike permanent residents who have long-term residency rights. Signup and view all the answers

What are the three classes of migrants identified in the migration analysis?

Citizens, Denizens, and Margizens. Signup and view all the answers

Describe the status of Denizens in relation to citizens.

Denizens have stable status with many rights but lack full citizenship. Signup and view all the answers

What is one key mechanism that states use to control migrants after their admission?

Regulating residence rights and conditions for obtaining residence permits. Signup and view all the answers

How do Margizens differ from Citizens in terms of legal status?

Margizens have unstable or insecure status, often lacking many rights. Signup and view all the answers

What types of requirements must migrants often meet to access more secure statuses?

Economic requirements and cultural or linguistic integration. Signup and view all the answers

Explain the significance of states’ regulatory control over migrant inclusion and exclusion.

It allows states to manage migrants' rights related to work, social benefits, and residence security. Signup and view all the answers

Why might a state create numerous statuses to differentiate migrants' rights?

To maintain control and define varying levels of inclusion within the social and economic order. Signup and view all the answers

What role do citizenship tests and language tests play in the migration control mechanisms?

They serve as tools for states to regulate and discipline migrants seeking permanent status. Signup and view all the answers

What is Lydia Morris' primary concern in her critique regarding migration?

Morris emphasizes the need to explore 'how migration is actually controlled' rather than just 'who controls migration.' Signup and view all the answers

What are two outcomes of migration law identified by Lydia Morris?

Morris points out the creation of categories of migrants and the establishment of hierarchies between those categories. Signup and view all the answers

How does the concept of European citizenship impact migration?

European citizenship grants EU citizens supranational status, allowing them rights that transcend national boundaries. Signup and view all the answers

What societal inequality does Morris highlight in relation to migrants' legal status?

She notes that migrants experience different levels of security and vulnerability based on their legal status, creating social inequalities. Signup and view all the answers

In what way does migration law enforce a hierarchy among migrant categories?

Migration law treats categories of migrants unequally, assigning each different rights and obligations. Signup and view all the answers

What do the categories defined by migration law imply for the freedom of migrants?

Migrants must fit into legally recognized categories, which restricts their ability to travel freely as individuals. Signup and view all the answers

How does the interplay between national closure and international rights affect migrants?

Migrants navigate a complex landscape, facing national exclusion alongside international inclusion frameworks. Signup and view all the answers

What implications do legal distinctions between migrant categories have on their daily lives?

These legal distinctions determine access to resources, rights, and overall stability in the migrants' lives. Signup and view all the answers

Study Notes

Week 2: Controlling Migration Within the State

Democracy and the rule of law are core values of the Council of Europe, as stated in the European Convention on Human Rights (ECHR).
The ECHR is a document created by the Council of Europe, comprising 46 countries.
The court that ensures the rights stipulated in the ECHR is located in Strasbourg.

Law as a Multilayered System

Law is a multilayered system, interconnected in complex ways, including international, EU, and national law.
The diagram illustrates the multilayered structure of law, with examples like the protection of rights, showing the relationships between these levels.

1. International Law

Definition: International law consists of treaties, agreements, and customary principles that transcend national borders.
Examples: Human rights treaties (e.g., the European Convention on Human Rights (ECHR)).
Enforcement Mechanisms: International courts or treaty bodies (e.g., the European Court of Human Rights (ECtHR)) that ensure states comply with their international law obligations.

2. EU Law

Definition: The legal framework specific to EU member states, encompassing treaties, regulations, and directives.
Example: The Charter of Fundamental Rights of the European Union consolidates these rights.
Enforcement Mechanism: The Court of Justice of the European Union (CJEU) interprets and applies EU law, ensuring uniformity across member states.
Relevance: Bridges between international and national law, ensuring member states uphold fundamental rights.

3. National Law

Definition: The domestic legal framework of individual countries, including constitutions, statutes, and judicial systems.
Example: Constitutional fundamental rights (e.g., freedom of speech, equality) enshrined in national constitutions.
Enforcement Mechanism: National courts (e.g., Supreme Courts or Constitutional Courts) ensure domestic laws comply with the constitution.
Relevance: The first point of recourse for individuals protecting their rights, escalating to EU or international bodies if national remedies are inadequate or violate international obligations.

Relevance to Rights Protection

International treaties provide universal or regional frameworks to protect rights that may not be adequate at the national level.
Individuals can bring cases to international courts if national remedies fail.

What is a Constitution?

A constitution is often considered the national law of a state, but it doesn't incorporate all laws.

Narrow/Formal and Broad/Substantive Meaning of Constitution

Narrow/Formal: Central written document setting basic rules for state governance.
Broad/Substantive: The entire body of fundamental rules governing a state, comprising laws:
- Attributing power to public authorities.
- Regulating relations between public authorities.
- Regulating relations between public authorities and individuals.

Basic Questions of Constitutional Law

Does institution X have power Y (only if explicitly allocated by the constitution)?
Does the exercise of power respect constitutional limits and fundamental rights?
Who has the power to supervise power exercise?

Constitutionalism and the Rule of Law

Constitutionalism defines public power's governance and constraint by a constitution and the rule of law.
There is no absolute power, and even monarchs are bound by constitutions.

Two Basic Branches of Constitutional Law

Institutional law: Governs power and task distribution.
Fundamental rights: Protects citizens from the state.

Substantive versus Procedural

Procedural: Focuses on the process of lawmaking and implementation (doesn't care about law's content).
Substantive: Cares about the content of law. Cannot discriminate based on factors like socioeconomic status.

Rule of Law

Under the rule of law, every citizen (including lawmakers, officials, and judges) is subject to the law.
It contrasts with the idea of a ruler above the law (e.g., in tyrannical or oligarchic societies).
- Thin/Formalist: No judgment on law's justice, only procedure.
- Thick/Substantive: Includes ideas of justice and rights.

Rule of Law Pre-supposes (Heringa)

Respect for legality;
Guarantees of equality before the law;
Absence of arbitrariness;
Separation of powers;
Independence of judiciary;
Respect for fundamental rights.

Core Elements of the Rule of Law

Respect for Legality: Government actions follow existing laws, including for the government itself, and not retroactive laws
Guarantees of Equality Before the Law: Laws are applied impartially to all individuals.
Absence of Arbitrariness: Decisions must be based on clear laws, not arbitrary discretion or favouritism/bias
Separation of Powers: Distinct legislative, executive, and judicial functions ensure checks and balances, to prevent abuse, and
Independence of Judiciary: Courts operate free from external influence, unbiased interpretation and application of law

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Description

This quiz explores key concepts surrounding European law, including the core values of the Council of Europe, the role of international law in protecting rights, and the significance of the European Court of Human Rights. Additionally, it examines the relationship between EU law and national law, as well as fundamental principles like the separation of powers and the independence of the judiciary.