Reshaping the Human Rights Landscape of the European Union

Robin CA White

in From Single Market to Economic Union

Published in print June 2012 | ISBN: 9780199695706
Published online September 2012 | e-ISBN: 9780191741302 | DOI:
Reshaping the Human Rights Landscape of the European Union

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Developments flowing from the Treaty of Lisbon in the field of human rights have significantly enhanced the constitutional place of human rights protection in the European Union legal order. There is a renewed commitment to a set of constitutional human rights values. The Charter of Fundamental Rights is now given the same legal value as the treaties, and the Union commits itself to becoming a party of the European Convention on Human Rights. Yet the texts still indicate that the Union only has a limited competence in the field of the protection of human rights. A supranational legal order which includes the protection of human rights among its core values but insists on only a limited competence in the field is an anomaly. Concerns about overzealous legislative activity by the Union institutions are misplaced, since there are mechanisms in place to guard against initiatives which would breach the doctrine of subsidiarity.

Keywords: European Union; human rights; competence; European Convention; subsidiarity

Chapter.  9601 words. 

Subjects: EU Law

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