GLE chapter 9

categories of fundamental rights

civil liberties(freedom, right to life), rights of equality, procedural guarantees, political rights, social fundamental rights(right to work, housing; derived from exisiting fundamental and human rights)

levels of protection

level of national constitutional law, EU law and international law (ECHR)

European Convention on Human RIghts(ECHR) implementation

originally considered to be a non-self-executing treaty, was ranked as an ordinary federal law; in 1964 raised to the rank of constitutional law and directly applicable in domestic law

Convention on the Elimination of All Forms of Racial Discrimination (CERD)

were ratified with a reservation of implementation and not directly applicable

in 1973 - specific Constitutional Law on the Implementation of CERD was adopted

Convention of the Rights of the child (CRC)

ratified with a reservation of implementation → in 2011 a Federal Constitutional Law of the Rights of the Child was adopted to implement the most important rights of CRC

International Covenant on Civil and Political Rights(ICCPR)

ratified with a reservation of implementation and still ranks only as an ordinary federal law

who can take a case to European Court of Human Rights (ECtHR)

any person, NGO or group of individuals claiming to be a victim of a violation of the fundamental rights in ECHR

member countries: EU+20 others(including Turkey, Switzerland)

‘Contracting Parties’ secure the rights and freedoms for in the Convention for

'everyone within their jurisdiction’

=also legal persons; abstained from e.g nationality requirement as long as they are under a state’s jurisdiction

exempt from fundamental rights

organizations(and in rare cases private citizens) under 100% governmental control

structure of ECHR

three sections(1st-main rights and freedoms protected therein, 2nd-establishment of the Court, 3rd-miscellaneous general provisions) and several protocols

fundamental guarantees of ECHR

right to life, prohibition of torture, slavery and forced labours; right to liberty and security

fundamental rights of the individual

respect for private and family life, right to marry, education; freedom of thought, conscience and religion; freedom of expression, assembly and association; right to free electionsl protection of property; general prohibition of discrimination

who is bound by the provisions of CFR

EU, its institutions and bodies; also MS but onlu where they implement Union law

Implementation of Union law according to Art 51

direct implementation of EU legislation (such as regulations)+implementation of directives into domestic law

rights protected by the CFR constitute a standard of review in proceedings

before the Austrian Constitutional Court

differences in CFR from ECHR

includes not only rights for private individuals but also principles(=not self-standing rights, rather instructions for the Union legislature and MSs) e.g ‘The Union shall respect cultural, religious and linguistic diversity’

structure of CFR

54 Articles grouped into seven titles: first six=substantive provisions of the Charter, last one=general provisions governing the interpretation and application of the Charter

title 1 of CFR

‘dignity’: protection of human dignity, right to life and integrity of the person; prohibition of torture and inhuman or degrading treatment or punsihment, slavery and forced labour

title 2 of CFR

‘freedoms’: right to liberty and security, respect for private and family life, protection of persinal dara, to marry and start a family;

freedom of thought, conscience and religion; expression and information; of assembly and of association; of the arts and sciences; to choose an occupation or to engage in work; to conduct a business

right to education; to asylum and protection in the event of removal, expulsion or extradition

title 3 of CFR

grants comprehensive equally rights as well as the rights of children and elderly people

title 4 of CFR

‘solidarity’=social rights and ‘principles’: environmental and consumer protection, access to healthcare, social security and social assistance, right to fair and just working condition, right of collective bargaining and action, right to protection in the event of unjustified dismissal

title 5 of CFR

mainly applies to EU citizens; contains administrative rights (right to smooth administrationa and access to documents) and political rights (right to vote and run as a candidate at elections to EP and municipal elections)

title 6 of CFR

procedural safeguards=right to an effective remedy and fair trial, presumption of innocence and the right of defence, principles of legality and proportionality of criminal offences and penalties and the right not to be tried/punsihed twice for the same criminal offence

title 7 of CFR

general provisions: includes provisions on its field of application, on the scope and interpretation of the rights and principles of CFR, an abuse clause