The Protection of Fundamental Rights in Europe

Abstract

Since the entry into force of the Treaty on European Union (TEU) on 1 December 2009 the people of Europe, the citizens of the European Union (EU), have taken a great leap forward in terms of their codified legal rights and liberties. For a long time they have been living mostly under judge-made law, be it as a result of the interpretation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) by the European Court of Human Rights (ECtHR) in Strasbourg or of the creation or recognition of fundamental rights by the European Court of Justice (ECJ) in Luxembourg. While the Strasbourg Court grants legal protection as measured by human rights with universal character, the ECJ in its established case law guaranteed the protection of fundamental rights which the relevant parties sought within the scope of application of the Community Treaties. Now the Treaty of Lisbon recognises rights, freedoms and principles at Union level in a more comprehensive understanding – beyond the mere market-based context – setting them out in the Charter of Fundamental Rights of the European Union (EUCFR) and giving its provisions binding legal force (Art. 6.1 TEU).