Promotion and protection of human rights in European Union law

Abstract

In the first chapter, the author makes a very brief historical introduction to European Union and then proceeds to list the treaties, from Rome to Lisbon, highlighting the references to fundamental rights in each one and noting the developments which would have taken place. In the last part of the first chapter, the Constitutional Treaty and the Lisbon Treaty, being the newest developments, are look at in detail from a fundamental rights lens. In the second chapter, the author lists all the institutions of the European Union and proceeds to examine each one of them in the light of its relationship with fundamental rights. Some institutions are found to have more involvement with fundamental rights than others, each according to its function. The differing types of situations encountered by each institution as well as the different approaches adopted are also discussed. In the third chapter, the focus shifts onto the Charter of Fundamental Rights, which is now a binding instrument. It is noted in the third chapter that the Charter of Fundamental Rights is divided into six chapters, from each of which, the author examines one right or freedom as the case may be. In so doing, reference is made to jurisprudence of the European Court of Human Rights, to which the Charter owes a great deal. The Fundamental Rights Agency is also dealt with in this chapter since its function entails research and monitoring of respect for the rights enumerated in the Charter. In the fourth chapter, the author examines case-law of the Court of Justice in order to assess the Court’s relationship with the Charter both before as well as after it became binding. In the concluding chapter, the author gives an overview of the thesis in the light of the research questions posed and makes concluding remarks.