The European Union Charter of Fundamental Rights vs. The Council of Europe Convention on Human Rights and Fundamental Freedoms - A Comparison

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

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The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

Eesti ja soome-ugri keeleteaduse ajakiri Journal of Estonian and Finno-Ugric Linguistics ◽

10.12697/jeful.2011.2.1.23 ◽

2011 ◽

Vol 2 (1) ◽

pp. 347-366

Author(s):

Alessia Vacca

Keyword(s):

European Union ◽

Legal Protection ◽

Fundamental Rights ◽

Minority Languages ◽

The European Union ◽

Council Of Europe ◽

Treaty Of Lisbon ◽

National Minorities ◽

Charter Of Fundamental Rights ◽

Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

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Fundamental Rights Protection between Strasbourg and Luxembourg

Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument ◽

10.1093/oso/9780198829119.003.0009 ◽

2018 ◽

Author(s):

Katalin Ligeti

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

Individual Rights ◽

Eu Law ◽

The European Union ◽

Rights Protection ◽

European Court ◽

Charter Of Fundamental Rights ◽

Grand Chamber

Since long before the entry into force of the Charter of Fundamental Rights of the European Union (CFREU), the two highest courts in Europe, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have sought to develop their respective jurisprudence in such a way as to ensure a strong protection of individual rights, whilst avoiding clashes between the decisions taken in Luxembourg and Strasbourg. An important statement in this regard is provided by the Bosphorus judgment, in which the Grand Chamber of the ECtHR recognised the existence of a presumption of equivalent protection of fundamental rights under EU law. The presumption is rebuttable, but expresses the trustful attitude (and a certain degree of deference) of Strasbourg towards the ability of EU law (and of the CJEU) to protect Convention rights.

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6. General principles of law

Steiner & Woods EU Law ◽

10.1093/he/9780198795612.003.0006 ◽

2017 ◽

Author(s):

Lorna Woods ◽

Philippa Watson ◽

Marios Costa

Keyword(s):

European Union ◽

Human Rights ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Charter Of Fundamental Rights ◽

Protection Of Human Rights ◽

General Principles Of Law ◽

Relationship Of ◽

The Relationship

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

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22. Europe

International Human Rights Law ◽

10.1093/he/9780198767237.003.0022 ◽

2017 ◽

Author(s):

Greer Steven

Keyword(s):

Human Rights ◽

Historical Development ◽

Fundamental Rights ◽

European Convention ◽

The European Union ◽

Council Of Europe ◽

European Court ◽

Key Characteristics ◽

Charter Of Fundamental Rights ◽

State Organizations

This chapter examines the origins, historical development, and key characteristics of the various inter-state organizations engaged in human rights activities in Europe. Having briefly described the Organization for Security and Cooperation in Europe, it examines the Council of Europe and the European Union, including the European Convention on Human Rights, the European Court of Human Rights and the EU Charter of Fundamental Rights.

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