Fundamental Rights in the European Union

by De Schutter, Olivier

• ISBN13: 9780199548491
• ISBN10: 0199548498
• Format: Hardcover
• Copyright: 2023-01-01
• Publisher: Oxford University Press

Summary

As the EU's fundamental rights regime reaches maturity, this book offers the first full-length overview of the historical development and current role of fundamental rights in the law and policy of the European Union. It analyses both the institutional aspects (the place of fundamental rightsin the EU legal order and their role in decision-making procedures) and substantive dimensions (the range and scope of rights recognized as part of EU law).Part I traces the emergence of fundamental rights as a feature of the EU legal order, from the initial silence of the original Treaties to the development of fundamental rights as general principles of law safeguarded by the European Court of Justice, and the adoption of a number of legislativeinstruments linking the protection of certain fundamental rights to the establishment of the internal market. Part II moves on to examine fundamental rights in the current landscape of EU law and policy. It analyses the constitutionalization of fundamental rights through Treaty amendments and the development of an area of freedom, security and justice among the Member States. It examines the role of the EUCharter of Fundamental Rights and of the Fundamental Rights Agency; and the relationship between the EU and the Council of Europe in the protection of human rights on the European continent. Finally, Part III offers a critical analysis of the role of fundamental rights in the external relations of the EU.As a whole, the book offers an ideal introduction to understanding the European Union as a human rights organization, suitable for use by graduate students, and an invaluable reference point for academics and legal practitioners needing an overview of EU fundamental rights law and policy.

Author Biography

Olivier De Schutter, the UN Special Rapporteur on the right to food, is currently Professor of Human Rights Law at the University of Louvain (UCL, Belgium) and at the College of Europe (Natolin), as well as a Member of the Global Law School Faculty at New York University and a Visiting Professor at Columbia University (2007-8). He holds an LLB from the University of Louvain and an LL.M. from Harvard University, as well as a doctorate in law from the University of Louvain. He set up the Delegation to the EU of the International Federation for Human Rights (FIDH), and later chaired the EU Network of Independent Experts on Fundamental Rights, a group of high-level independent experts instituted by the European Commission and the European Parliament to monitor compliance by both the EU institutions and the EU Member States with the EU Charter of Fundamental Rights. He acted on a number of occasions as an expert for the Council of Europe and for the European Union on human rights issues.

Table of Contents

Introduction

From Stauder to the Single European Act

The emergence of fundamental rights in the case-law

The role of fundamental rights in the establishment of the internal market

From the Single European Act to the Reform Treaty

The constitutionalization of fundamental rights and the establishment of an area of freedom, security and justice

The impact of the Charter of Fundamental Rights

The EU Fundamental Rights Agency

The relationships between the Union and the Council of Europe

Human Rights in the External Policies of the Union

Human rights in the external policies of the Union

The human rights responsibilities of EU transnational corporations and the debate on Corporate Social Responsibility

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