Lesson 3

What are fundamental rights

What are fundamental rights

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

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.