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The Articulation between the Protection of Fundamental Rights and Mutual Trust in the EU

17 important questions on The Articulation between the Protection of Fundamental Rights and Mutual Trust in the EU

What kind of relationship does the charter and echr have?, art.52,53,54 charter

The relationship between these different sources is articulated by the last provisions of the charter, Article 52(3), 52(4) and 53 of the charter. And, and they articulate in particular the relationship between the charter, the common constitutional traditions of the member states and the charter and the ECHR. The idea is, the charter cannot call in to question the other levels of protection. And that's quite clear in article 53:

What is the critque on melloni?

So the case was criticized for imposing on a member state the implementation of an EU law instrument, even if it resulted in a restriction of the fundamental rights of the person and the National constitutional rule.

What are protection articles outside of the teu?

Article 16(1) of the TFEU protects the fundamental right to data protection. Article 157(1) of TFEU protects the fundamental rights to equal treatments between men and women in wages. So there exists a few specific provisions of TEU and TFEU that protect fundamental rights
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What can eu instrument do for the charter?

EU legislative instrument that elaborates on the same rights as the Charter Rights and to complement each other

What does eu legislator have to do when proposal eu legislation concerning hr?

EU legislation before it finalises its proposal for EU legislation, it must reflect on what would be the possible implications for other policy areas and interests, and in particular for fundamental rights.

What is the better regulation agenda?

Now the requirements for an impact assessment is enshrined in an interinstitutional agreement on the so-called Better Regulation Agenda

What does 218 tfeu says about the role pf the parliament in fundamental rights?

the role the European Parliament can play in particular in the context of the procedures set out in article 218(11) of the TFEU which allows an EU institution to ask the CJEU for an opinion on the compatibility of a draft international agreement to be signed by the EU with the EU treaties and with EU primary law before it can enter into force

How does eu monitor compliance fundamental rights organs?

I want to remind you that a number of organs at EU level monitor compliance with fundamental rights and protect fundamental rights

Fundamental rights agency

Fundamental RIghts Agency, it does not have procedural powers, but it does report regularly and sheds lights on fundamental law breaches. There also exists specific bodies created by EU legislation to protect certain fundamental rights, for example EU equality directives created equality bodies, each member state has an equality body. Similarly there are data protection authorities. The Charter and national constitutional courts, of course

In which artivles can we see the fundamental rights?

the protection of fundamental rights, the fundamental rights are in art.2 as a value and art.6 lid 1 it refers to the charter of fundamental rights which as become legally binding.

What are the three sources in art.6 teu?

art.6 TEU, you see three sources
  1. charter fundamental rights, most important we have in the eu, it is binding
  2. the convention of human rights and fundamental freedoms.
  3. constitutional traditions within national states

What is the scope of the charter?

what is the scope of the chater
basic principle: the scope is in art.51 if you look it is the ms but only when they implement eu law.

we have this title 7 general provisions governing the interpretation and application of the charter

How do we see if an act violates the charter?

how do we see if act from eu institutions or ms violates fr = art. 52

With the treaty of amsterdam we have new competences. the two most important ones on equality and discriminatio

art.19 tfeu
  • 16 tfeu, legal basis to act in the field of data protection and is linked to
  • 82 tfeu 2

What are the articles of mutual trust?

Art.2 teu in combination withart.49 teu justification for mutual trust

What is also a form of mutual trust?

Art.4(3) teu duty to cooperate.

Benefits adressing within eu law?

what are benefits of addressing within eu law?
You can make full use of the institutions. what institutional features are considered desirable? the jurisdiction of the court.  the commission the warden of eu treaties who can propose developments and can make infringement actions. the parlement. parlementary scrutiny. admittably the parlement is not very present, art.122 the parlement will be informed. less governmental control

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