Lesson 3

What are fundamental rights

Fundamental rights are human rights which protects a person against the government.

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**Which articles are most relevant for fundamental rights in EU law?**

• Art. 2 TEU

• Art. 6 TEU

**What do “absolute rights” mean**

*Absolute rights* cannot under any circumstances be legitimately limited

Example of an absolute right

Freedom of torture

What do “relative rights” mean

*Relative rights* may be limited in accordance with public interest

Example of a relative right

Freedom of assembly

**Name the EU Charter of Fundamental Rights**

• Dignity

• Freedoms

• Equality

• Solidarity

• Citizens’ rights

• Justice

• General provisions

**What does the notion of “hard rights” entail**

rights that have direct effect and can be invoked in a court of law (hard claim). 

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**What does the notion of “soft principles” entail?**

orienting objectives (for the EU) which must be integrated in the policies of the Union, but cannot be invoked in a court of law (no hard claim).

**What are the implications for EU Citizenship of the Chen case?**

expanded the principle of free movement for EU citizens (Art. 21 TFE), EU citizenship cannot be stripped from the child.