The European Union and Human Rights after the Treaty of Lisbon

Abstract

This article considers the state of human rights protection in the European Union (EU) after the Treaty of Lisbon. The Lisbon Treaty introduced significant changes to human rights protection in the EU, the most significant of which lie in the amendments to Article 6 of the Treaty on European Union. These provide that the EU Charter of Fundamental Rights is now legally binding, having the same status as primary EU law, and that the EU 'shall accede' to the European Convention on Human Rights (ECHR). In the two years since the Lisbon Treaty came into force, the Charter has been referred to on many occasions by the European Court of Justice, and now operates as the primary source of human rights in the EU. This article examines the import of this case law, some of it ground-breaking and controversial, as well how the higher profile for human rights under the Charter is likely to change the nature of the EU's relationship with the ECHR. The article also examines the complex procedure for the EU's accession to the ECHR, which is now underway, highlighting particularly significant aspects of this. The article concludes with some general reflections about the status of human rights protection in the EU, suggesting that this has become one of the most significant areas of EU law which has had, and continues to have, a crucial impact on the EU's relationships with its Member States, the EU and international law. © The Author [2011]. Published by Oxford University Press. All rights reserved.