05Fundamental Rights in the Treaty of Rome

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Questions and Answers

What was the primary focus of the Treaties establishing the EEC at the beginning?

Protection of fundamental rights

Economic integration (correct)

Cultural exchange between nations

Political union among member states

Which of the following statements is true regarding the Treaty of Rome's disposition on fundamental rights?

It explicitly outlines the protection of fundamental rights.

It placed fundamental rights as paramount over economic agreements.

It was primarily concerned with legal and institutional matters.

It did not address fundamental rights at all. (correct)

How did the early ECJ interpret its role regarding fundamental rights?

It actively protected fundamental rights in its court rulings.

It asserted the irrelevance of national constitutional norms at the Community level. (correct)

It prioritized the enforcement of national laws over community law.

It was required to rule on national law complaints irrespective of community law.

What implication did economic provisions in the Treaty of Rome have on fundamental rights?

They potentially affected fundamental rights like property rights. Signup and view all the answers

What can be inferred about the relationship between national constitutions and the EU's approach to fundamental rights in the early years?

National constitutions were considered sufficient for fundamental rights protection. Signup and view all the answers

What did the Court of Justice indicate about the High Authority’s responsibilities regarding national laws?

It is not competent to apply national laws of Member States. Signup and view all the answers

What was the view of the ECJ on ensuring compliance with national constitutional law in its early rulings?

It had no role in judging national laws. Signup and view all the answers

Which of the following best characterizes the concept of fundamental rights in the context of the Treaty of Rome?

They were considered secondary and less important. Signup and view all the answers

What principle did the ECJ affirm related to EU law in its rulings?

Primacy of Union law over national law Signup and view all the answers

What concern did the Constitutional courts of Germany and Italy express regarding Community acts?

They claimed the ability to scrutinize Community acts for compatibility with their national constitutions. Signup and view all the answers

What term describes the national legal theory allowing scrutiny of EU acts by national courts?

Counter-limit doctrine Signup and view all the answers

How do the ECJ's principles affect the interpretation of EU law at the national level?

They encourage divergent applications of EU law at the national level. Signup and view all the answers

Which of the following statements is true regarding EU institutions and fundamental rights?

EU institutions are not bound by any principles of fundamental rights. Signup and view all the answers

What was the impact of national courts claiming the ability to review EU law?

It could undermine the consistency and development of the EU legal system. Signup and view all the answers

What does the principle of direct effect in EU law refer to?

The ability of individuals to invoke EU law in national courts. Signup and view all the answers

What does the ECJ's position on the primacy of EU law imply about its relationship with national constitutions?

EU law does not have to comply with the principles of national constitutional law. Signup and view all the answers

What was a significant change made by the Court of Justice regarding fundamental rights in EU law?

Fundamental rights were recognized as general principles of EU law. Signup and view all the answers

What does the term 'primacy of EU law' refer to?

EU laws having precedence over national legal norms. Signup and view all the answers

How did the Court of Justice address challenges from national constitutional courts?

By changing its position on the relationship between EU laws and fundamental rights. Signup and view all the answers

What is the main effect of using national laws to judge the validity of EU measures?

It adversely affects the uniformity and efficacy of community law. Signup and view all the answers

What was the Court's stance on the relationship between EU norms and national norms?

The balance is exclusively between EU norms. Signup and view all the answers

What was affirmed through the ruling in the 1969 case 29/69, Stauder?

The protection of fundamental rights is part of EU law principles. Signup and view all the answers

What consequence does the independent nature of EU law have?

It maintains its character as community law despite national laws. Signup and view all the answers

What year did the Court of Justice recognize fundamental rights as part of EU law principles?

1969 Signup and view all the answers

What is the main role of fundamental rights according to the content?

To be used as interpretative criteria for the interpretation of EU law Signup and view all the answers

What can happen if an act of secondary law does not comply with fundamental rights?

It can be nullified and/or declared invalid by the ECJ. Signup and view all the answers

Which of the following is NOT listed as a source of inspiration for the Court of Justice?

International treaties on environmental issues Signup and view all the answers

What do member states need to comply with when implementing Union law?

Fundamental rights as part of EU law Signup and view all the answers

According to the gradual codification of the Court's approach, what did the institutions commit to in the 1975 Joint Declaration?

They would respect the fundamental rights stemming from the constitutions of member states and the ECHR. Signup and view all the answers

How can member states leverage fundamental rights concerning other EU law norms?

By justifying restrictive measures invoking fundamental rights Signup and view all the answers

What is a key characteristic of the protection of fundamental rights in the EU context?

It is expected to operate within the structures and objectives of the community. Signup and view all the answers

What must an examination focus on regarding community measures within a Member State?

Whether analogous guarantees in community law have been disregarded Signup and view all the answers

What is a key aspect included in the definition of justice?

The presumption of innocence Signup and view all the answers

To whom does the Charter of Fundamental Rights of the European Union (CFREU) apply?

Member States implementing EU law Signup and view all the answers

What does the principle of proportionality imply regarding the limitation of rights under Article 52 CFREU?

Limitations must be necessary and not excessive Signup and view all the answers

Under what circumstances can the CFREU be applied according to the Court?

Only when EU law applies Signup and view all the answers

Which statement correctly reflects the scope of the Charter?

The scope of the Charter coincides with the scope of EU law Signup and view all the answers

Which of the following is NOT a requirement for limiting rights under Article 52 CFREU?

Must be endorsed by public opinion Signup and view all the answers

What is a necessary condition for limitations on rights and freedoms under the CFREU?

They must comply with the principle of proportionality Signup and view all the answers

Fundamental rights under the European Union's legal order are applicable in which context?

In all situations governed by EU law Signup and view all the answers

What is the primary purpose of the European Convention for the Protection of Human Rights and Fundamental Freedoms?

To obligate States to respect the rights it provides for Signup and view all the answers

Which court has jurisdiction to hear individual claims against States for violations of the ECHR?

European Court of Human Rights Signup and view all the answers

What was the outcome of the ECJ's Opinion 2/13 regarding the EU's accession to the ECHR?

The accession was deemed incompatible with EU law Signup and view all the answers

How does Article 52(3) of the CFREU relate to the ECHR?

It requires conformity of CFREU rights with ECHR rights Signup and view all the answers

Which of the following statements is true regarding the autonomy of EU law?

The autonomy of EU law is a primary concern of the ECJ Signup and view all the answers

What does the principle of equivalent protection ensure regarding CFREU rights?

They must provide at least the same level of protection as ECHR rights Signup and view all the answers

What was a significant consequence of Opinion 2/94 regarding the EU's accession to the ECHR?

It led to a rejection of the accession attempt Signup and view all the answers

In what year was the European Convention for the Protection of Human Rights adopted?

1950 Signup and view all the answers

Study Notes

Sources of EU Law - Primary Law and Fundamental Rights

The Treaty of Rome did not initially address fundamental rights, focusing primarily on economic integration.
Early EEC treaties prioritized economic freedoms.
Fundamental rights were protected at a national level through national constitutions.
Early ECJ judgments (e.g., Stork case) established the Court's limited role in reviewing national law, focusing solely on EU law application and interpretation.

The First ECJ Cases Dealing with Fundamental Rights

Early 1960s ECJ determinations highlighted the Court's limited power to address fundamental rights at the community level.
The High Authority's (ECJ) remit was primarily focused on community legal principles, not national laws or fundamental rights.
The court was not empowered to review national law.
This aspect of the court's decision was a pivotal point in later cases.

The First ECJ Cases Dealing with Fundamental Rights (2)

The ECJ's function had limitations, not extending to evaluating the legality of national decisions impacting fundamental rights.
Community law, specifically under the ECSC treaty, lacks general principles guaranteeing vested rights.
The Court could not incorporate German basic law (article 14) to evaluate EU decisions.

Problem: The Contextual Affirmation by the ECJ of the Principle of the Primacy of EU Law

Soon after initial decisions, the ECJ established principles of direct effect and primacy of EU law over national law, including constitutional law.
Cases such as Van Gend en Loos and Costa v. ENEL established these principles.
The ECJ simultaneously asserted protection of EU institutions through the primacy concept while simultaneously acknowledging the need to respect fundamental rights.

Problem: The Contextual Affirmation by the ECJ of the Principle of the Primacy of EU Law (continued)

The ECJ's establishment of primacy undermined national courts' roles in interpreting EU law, as the ECJ determined the interpretations.
The ECJ acknowledged that national courts could examine the legal compatibility of EU measures with their own states' constitutions
This resulted in theoretical conflicts between the national and community legal systems.
The ECJ struggled to reconcile supremacy of EU law with protection of fundamental rights within national legal frameworks.

The Change of Perspective (aka 360° Revirement)

In the late 1960s, the ECJ expanded its perspective to accept fundamental rights as general principles within EU law.
The ECJ acknowledged the need to avoid the disintegration of European law by referencing fundamental rights from national and international sources.
The Court now viewed fundamental rights as integral to EU law's application, ensuring compliance by EU institutions.
This crucial shift acknowledged fundamental rights as part of EU law, not outside it.

The Balance Between EU Law and Fundamental Rights

Balancing EU law with fundamental rights occurred within EU legal frameworks, focusing on the relationship between internal EU legal norms.
The balance was deemed internal rather than relational, concerning EU internal norms regarding fundamental rights, not a relationship between national and EU law.
This was a significant change in approach towards implementing EU laws.

The Balance Between EU Law and Fundamental Rights (continued)

The validity of EU measures relies on community law standards, not national ones.
National constitutional principles can't override community law in determining the validity of EU measures.
Protecting fundamental rights is deemed a vital element of community law.
Community law is critical to understanding compliance across Member States.

What Practical Consequence Does the Theory of Fundamental Rights as General Principles Have?

Fundamental rights are now interpretive criteria for understanding EU law, both primary and secondary.
Fundamental rights are applied to assess the legitimacy of EU institutions and the validity of secondary law.
Acts of secondary law inconsistent with fundamental rights can be annulled or declared invalid by the ECJ.
Fundamental rights guide Member State implementation of EU law.

The "Sources of Inspiration" Used by the Court of Justice

Constitutional traditions of Member States and international human rights treaties heavily influenced the ECJ.
Sources included international treaties, the European Convention for Human Rights (ECHR) and international agreements.

The Gradual Codification of the Court's Approach

In 1975, the European Parliament, Council, and Commission issued a joint declaration recognizing fundamental rights.
This declaration lacked binding force but laid the groundwork for future developments.
Preambles to the Single Act and subsequent treaties further affirmed the importance of fundamental rights.
The Maastricht Treaty explicitly codified the Court's case law, defining fundamental rights as general principles of community law.

The Current Version of Article 6 TEU

The Charter of Fundamental Rights has equal legal value to the Treaties.
The Union respects and complies with fundamental rights, including those provided by the ECHR and constitutional traditions of the Member States.
Article 7 TEU allows action against the Member State violating certain values, including, respect for human rights.

The CFREU: Overview

The CFREU (Charter of Fundamental Rights of the European Union) comprised seven chapters codifying fundamental rights.
Chapters 1-6 provided a detailed list of rights.
Chapter 7 established general provisions governing the interpretation and application of the CFREU, drawing heavily from Member State and international legal traditions.
Notably, the Charter directly applied to non-EU citizens.

The CFREU: Overview (2)

The CFREU is based on existing legal principles; its list of rights reflects constitutional traditions in member states.
The document's content is clarified in accompanying explanations, although these are not legally binding.
The CFREU grants rights to non-EU citizens.

The Content of the CFREU: The List of Rights

The CFREU covers a wide range of fundamental human rights, including dignity, freedoms, equality, and social rights and solidarity.
Rights are expressly presented in different categories, such as human dignity, freedoms, equality and social rights and solidarity.
Specific rights, such as the right to life, freedom of expression, and equality, are included.

The Content of the CFREU: The List of Rights (continued)

Citizen rights like voting in EU elections, access to EU institutions, and rights concerning justice and freedom are present.
Other rights include social protections for workers, the right to strike and protections regarding health and the environment.

The Scope of Application of the CFREU

Article 51 of the CFREU limits the application of fundamental rights in EU laws only to EU institutions/bodies, and only when executing EU law, and never addressing national laws.
The Charter does not establish any new powers for the Union, nor modify existing ones.
Fundamental rights are horizontal in nature, applicable broadly across the EU legal system.

What Does "Implementing EU Law" Mean?

Fundamental rights applicable within the EU legal framework are not applicable to non-EU law, or to national situations.
The scope of the CFREU aligns with and does not exceed the scope of EU Law.
The CFREU does not expand or alter the EU institutions' existing powers.

Scope of Guaranteed Rights (and their Limitation)

Any limitation on the exercise of rights guaranteed by the CFREU must be provided for by law, respect the essence of those rights, and meet the criteria of proportionality.
Limitations are permissible only if necessary and proportionate to protecting fundamental or general rights, or the rights of others
The limitations on fundamental rights have to be proportionally appropriate to their aim.

European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)

The ECHR is an international treaty established by the Council of Europe, impacting 47 contracting states, rather than the EU.
The ECHR is a separate legal framework compared to the EU legal system.
The European Court of Human Rights adjudicates issues of violations.
The ECHR, when found to be violated, can trigger national and/or EU legislative changes through pilot judgments.

ECHR (2)

EU accession to the ECHR, while envisioned, was opposed, by the Court of Justice, due to the concerns about the potential clash with the autonomy of EU law and the role of the Court of Justice. The EU Court of Justice asserted that EU law and the ECHR should not be regarded as directly related or interchangeable.

The Principle of Equivalent Protection

The CFREU must ensure at least the same level of protection as the ECHR, extending beyond the explicit text to encompass the case law of the ECHR - the same level of protection in the ECHR and the CFREU.
The EU legal system can augment, or potentially, raise the standard of rights above that established within the ECHR, specifically via case law.
Fundamental rights within the CFREU align with the equivalent protection standards in the ECHR case law.

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Description

This quiz explores the establishment of the European Economic Community (EEC) and the implications of the Treaty of Rome on fundamental rights. Delve into the early interpretations by the European Court of Justice (ECJ) and the relationship between national constitutions and EU fundamental rights. Test your understanding of these foundational legal principles.