The Protection of
Human Rights in
Europe
1
The Texts guaranteeing
Human Rights
European Convention
on Human Rights
Human Rights
EU Charta
National
of
Constitutions
Fundamental Rights
2
The Courts protecting
Human Rights
ECHR
Human Rights
National
ECJ
Courts
3
The Convention for the
Protection of Human Rights
Council of Europe (1949)
Convention for the Protection of Human Rights and
Fundamental Freedoms (1950/1953)
Institutions (changed by Protocol No. 11)
European Commission of Human Rights (1954-1999)
European Court of Human Rights (set up in 1959)
Committee of Ministers (supervising enforcement)
State application
the right of individual application
Recognition nowadays compulsory
4
The Convention for the
Protection of Human Rights
European Court of Human Rights
One judge for each Member State (currently 44)
term of six years
(nine years, no reelection, Protocol No. 14)
age-limit: 70
four Sections,
Committees of three, Chambers of seven
(single judge, Protocol No. 14)
Grand Chamber of seventeen judges
Admissibility procedure
Number of new cases: 13,858 in 2001.
Committees and Chambers
Referring a case to the Grand Chamber
Compensation
Advisory opinions
5
Europe vs. US:
Abolition of the Death Penalty
Soering v. United Kingdom and Germany,
11 EHRR 439 European Ct. of Human Rts,
Series A, Vol. 161, July 7, 1989
Protocol No. 6 to the European Conventio
n on Human Rights, concerning the Abolit
ion of the Death Penalty
(1983)
Protocol 13 to the ECHR, concerning the
abolition of the death penalty in all circum
stances
(2002)
The International Law dimension 6
EU Charter on
Fundamental Rights
The “convention” (1999-2000)
a model for future treaty-making!?
The adoption by the European Council (2000)
The Charter in the Constitution
The semi-cautious approach
The reference to the religious heritage:
English version
“Conscious of its spiritual and moral heritage”
German version
“In dem Bewusstsein ihres geistig-religioesen und
sittlichen Erbes”
7
The interaction of the
different layers of
The EU position
protection
Art. 6 (2) EU:
“The Union shall respect fundamental rights, as guaranteed by
the European Convention for the Protection of Human Rights and
Fundamental Freedoms signed in Rome on 4 November 1950 and
as they result from the constitutional traditions common to the
Member States, as general principles of Community law.”
Art. II-52 (3), II-53 Constitution
The position of national law
under German law
BVerfGE 74, 358 (370)
under British law
Human Rights Act
The position of the ECHR
Matthews ./. UK, 18.2.1999, (Gibraltar/EP)
Accession to the ECHR?
ECJ Opinion 2/94, [1996] ECR I-1759
8
Human Rights and
Competences
ECJ C-60/00 [2002] ECR I-6279 (Mary
Carpenter)
see also: Editorial Comments, CMLRev. 40 (2003)
537
Constitution:
Article II-51: Field of application
1. The provisions of this Charter are addressed to the
Institutions, bodies, offices and agencies of the Union
with due regard for the principle of subsidiarity and
to the Member States only when they are
implementing Union law. […]
2. This Charter does not extend the field of
application of Union law beyond the powers of the
Union or establish any new power or task for the
Union, or modify powers and tasks defined in the
other Parts of the Constitution.
9
An “obsession with
human rights”?
Human rights protection and
historical experience
the example of the German Constitution
the European Convention on the
Protection of Human Rights
Human rights protection and the
struggle for identity and legitimacy
the case of the European Union
10
Reading assignments
Study internet resources on the new
European Constitution
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