European Law and Human Rights Principles

The system of laws within a country, including its constitution, statutes, and court system.

Rights guaranteed by a country's constitution, like freedom of speech or equality.

The highest court in a country, responsible for upholding the constitution.

The principle that the exercise of public power is limited by a constitution and the rule of law.

The idea that all individuals and institutions are subject to the same laws.

The branch of constitutional law that deals with the distribution of power and tasks among government institutions.

The branch of constitutional law that deals with the protection of individual rights.

The process of reviewing a law to ensure it complies with the constitution.

The legal framework specific to EU member states, including treaties, regulations, and directives. It aims to harmonize laws and ensure consistent application across member states.

International law consists of treaties, agreements, and customary principles that transcend national borders. It sets universal standards and protects rights that might not be sufficiently protected at the national level.

A binding document that consolidates key human rights applicable within the EU's jurisdiction. It ensures that member states uphold fundamental rights in alignment with EU standards.

This court ensures compliance with obligations outlined in the European Convention on Human Rights. It can address cases by individuals when national remedies fail.

This court oversees the interpretation and application of EU law. It aims to ensure uniform application across EU member states.

A document created by the Council of Europe, it outlines the fundamental rights protected within its member states.

A system where laws are interconnected and organized at different levels, including international, EU, and national laws. This system aims to provide a comprehensive framework for protecting rights and achieving legal order.

One of the core values of the Council of Europe alongside human rights and the rule of law. It emphasizes that decisions are made through participation and representation of the people.

Government actions must follow existing laws. No one, including the government, is above the law.

Laws must be applied equally to everyone, without discrimination.

Decisions by authorities must be based on clear laws, not on someone's personal opinion.

The legislative, executive, and judicial branches of government have distinct roles to prevent power abuse.

Courts operate independently, free from external influences, ensuring unbiased decisions.

Governments must protect human rights, with any restrictions justified by necessity, proportionality, and legality.

Laws are binding on both the citizens and the government, ensuring clear, accessible, and stable rules.

Courts can review laws and government actions to ensure they comply with the Constitution and legal standards.

Non-citizens with long-term residency rights, allowing them to live and work in a country. Similar to ‘long-term residents’ in the EU. They enjoy extensive rights but cannot vote in national elections.

Migrants with temporary, specific rights based on their purpose for entering a country. Examples include student, work, and family reunification visas.

Provides protection to individuals fleeing persecution or war. Recognized under international law (e.g., 1951 Refugee Convention).

A recognized status, but not a true legal one. Given to individuals who can't be deported due to practical reasons (e.g., their home country won't accept them).

Individuals without any legal authorization to stay in a country. They lack formal rights and are vulnerable to deportation.

Short-term permits allowing temporary stay but prohibit work or long-term integration. Provide minimal rights and can lead to irregular status if overstayed.

Migrants who are not citizens and have rights that are not as expansive as those of citizens. Their rights can vary based on their legal status.

The rights and protections that are granted to individuals based on their legal status in a country. These can vary significantly.

The process of how states regulate the movement and integration of migrants within their societies.

A term used to describe the hierarchical categories based on legal status that dictate the rights and privileges of migrants.

Individuals with full legal rights in a country, including political participation, residence, work, and social benefits.

Individuals with a stable legal status, granting them many rights except full citizenship, such as secure residence, work access, and some social benefits.

Individuals with unstable or temporary legal status, often with limited or no rights, such as work and social support.

The legal mechanisms states use to regulate migrants' lives after they've entered the country, focusing on residence rights, work access, and social benefits.

The specific requirements migrants must meet to transition to more secure legal statuses, like permanent residence or citizenship.

Conditions that states use to regulate and discipline migrants, often by imposing economic, cultural, and linguistic requirements for progression.

The focus shifts from 'who controls migration' (national vs. international) to understanding 'how migration is actually controlled' and its consequences for migrants.

Migration laws create categories like refugee, guest worker, or family member. Migrants must fit into these categories to legally move.

Different migrant categories have different rights (e.g., access to work, voting) and obligations. This creates a hierarchy of security and stability among migrants.

The national and international levels of migration control are interconnected, impacting each other.

Migrants experience both national limitations (exclusion) and international rights (inclusion) simultaneously.

Legal status significantly impacts migrants' lives. Some are secure, while others face constant pressure to maintain their status.

Legal distinctions create tiers of inclusion and exclusion among migrants. This impacts access to rights, resources, and stability.

Migrants' lives are shaped by these legal hierarchies. Some have greater access to resources, rights, and stability than others.