Advanced Search
MyIDEAS: Login to save this paper or follow this series

A Strasbourg Perspective on the Autonomous Development of Fundamental Rights in EU Law: Trends and Implications

Contents:

Author Info

  • "Camille Dautricourt" /
Registered author(s):

    Abstract

    Abstract: This paper analyzes how the European Court of Human Rights has reacted to the progressive developments by the European Union of its own human rights standards through the Charter of Fundamental Rights and an increasing number of secondary law instruments. These evolutions have been welcomed by ambivalent reactions from Council of Europe institutions. Voices in Strasbourg have denounced a risk that autonomous EU fundamental rights standards might create dividing lines in Europe and lead to a "multi-speed" Europe of human rights. Yet, addressing this concern through an alignment of the EurCourtHR case law on EU law developments might result in imposing majority value choices on the minority of Council of Europe members. The paper assesses the well-founded character of these apprehensions in light of two ongoing case law tendencies. First, the mechanisms established to reflect the specificities of EU law in assessing Member States' liabilities under the ECHR are increasingly being challenged, both in the Strasbourg case law and as a consequence of the evolution of EU law itself. Second, the Strasbourg Court has relied on EU law in the application of the consensus and margin of appreciation doctrines, with some separate opinions advocating for a more influential role for EU law. The "interoperability" between the EU and the ECHR legal order may, however, be questioned in light of the different methodologies followed by the two European supranational courts and the limited "consensual" value of EU law in the sense of the EurCourtHR case law. In order to avoid curtailing the consensus and subsidiarity foundations of the Convention, it is submitted that the Strasbourg Court should pay due attention to the exact consensual value of each specific provision of EU law. In that respect, the Luxembourg Court could provide valuable support in maintaining, where relevant, a visible link between the human rights developments initiated at EU level and the specific objectives of the EU integration project.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://centers.law.nyu.edu/jeanmonnet/papers/10/101001.html
    File Function: Contents/abstract
    Download Restriction: no

    Bibliographic Info

    Paper provided by Jean Monnet Chair in its series Jean Monnet Working Papers with number 10.

    as in new window
    Length:
    Date of creation: 15 Jul 2001
    Date of revision:
    Handle: RePEc:erp:jeanmo:p0301

    Contact details of provider:
    Web page: http://www.jeanmonnetprogram.org/

    Related research

    Keywords:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:erp:jeanmo:p0301. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Charlie Pike).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.