Fundamental Rights and General Principles of Union Law

Abstract

Abstract This chapter assesses the fundamental rights and general principles of Union law. According to Article 19(1) TEU, the Court of Justice and the General Court ensure that 'in the interpretation and application of the Treaties the law is observed'. Recognition of 'the law' as a source of Union law has enabled the Court of Justice to have recourse to general principles in interpreting and applying Union law. Ever since 1969, it has been clear that 'fundamental human rights [are] enshrined in the general principles of [Union] law and protected by the Court'. Article 6(3) TEU still refers to the fundamental rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 (ECHR) or resulting from the constitutional traditions common to the Member States as 'general principles of the Union's law'. However, since the entry into force of the Lisbon Treaty, the Union also 'recognizes' the rights, freedoms, and principles set out in the Charter of Fundamental Rights of the European Union (Article 6(1) TEU), which has the same legal value as the Treaties. Hence, the Charter constitutes a source of primary Union law.