European Union
Specific Instruments
  General Instruments
  Articles
  Websites
  Selected Case Law
  Case Law Websites
  Reports
  Books
  Periodicals
  Human Rigths Actors
The EU's human rights policy is divided between its promotion of human rights in third countries through external relations, and its internal system of human rights protection. This division is widely criticised for reflecting a double standard. All EU countries are also states parties to the European Convention on Human Rights: the EC has carefully considered acceding to the ECHR itself. Instead, the EU has drafted a Charter of Fundamental Rights of the European Union, which expands upon most of the civil and political rights of the ECHR and further incorporates economic and social rights. This Charter is contentious in some of its wording and its scope. In its external relations, the EU promotes human rights mainly through political and economic agreements. Notably, all EU agreements with third countries carry a "human rights clause," which annuls the agreement in case of disrespect for human rights. The EU also boasts of being the world's largest funder of human rights projects.
     
Specific Instruments
Presidency Conclusions of the Tampere European Council
Date of adoption: 16/10/1999 Entry into force: -
System of protection: European Union
Council Framework decision of 13 June 2002 on combating terrorism
Date of adoption: 13/6/2002 Entry into force: 22/6/2002
System of protection: European Union
     
General Instruments
Single European Act
Date of adoption: 28/2/1986 Entry into force: 1/7/1987
System of protection: European Union
Treaty on European Union (Maastricht Treaty, amended by the Treaty of Amsterdam) (Consolidated Version)
Date of adoption: 7/2/1992 Entry into force: 1/11/1993
System of protection: European Union
Treaty establishing the European Coal and Steel Community (ECSC)
Date of adoption: 18/4/1951 Entry into force: 23/7/1952
System of protection: European Union
Treaty establishing the European Economic Community (EEC)(Treaty of Rome)
Date of adoption: 25/3/1957 Entry into force: 1/1/1958
System of protection: European Union
Cologne European Council Decision on the Drawing Up of a Charter of Fundamental Rights of the European Union
Date of adoption: 4/6/1999 Entry into force: -
System of protection: European Union
Charter of Fundamental Rights of the European Union
Date of adoption: 7/12/2000 Entry into force: -
System of protection: European Union
Declaration of the European Union on the occasion of the 50th anniversary of the Universal Declaration on Human Rights
Date of adoption: 10/12/1998 Entry into force: -
System of protection: European Union
Joint Declaration by the European Parliament, the Council and the Commission Concerning the Protection of Fundamental Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms
Date of adoption: 5/4/1977 Entry into force: -
System of protection: European Union
     
Articles
The Boundaries of Human Rights Jurisdiction in Europe
Dinah SHELTON
Latest update: 26/04/2004 First published: 1995
Reference: 13 Duke J. of Comp. & Int'l L. 95
The strengthening and proliferation of European regional bodies monitoring the human rights performance of their Member States raise fundamental issues of governance.
A Lost Opportunity? A Critique of the EU?s Human Rights Policy Towards Turkey
Harun ARIKAN
Latest update: 17/09/2003 First published: -
Reference: Mediterranean Politics Issue 7.1
The article examines the accession process of Turkey and its relation to the human rights policy of the EU.
The General Provisions of the Charter of Fundamental Rights of the European Union
Ricardo GARCIA
Latest update: 23/06/2003 First published: -
Reference: Jean Monnet Working Paper 4/02
The article seeks to find, by way of studying the general provisions, what the place for the Charter is in regard to the protection afforded by national Constitutions and international agreements, particularly the European Convention on Human Rights
Does the EU Charter of Fundamental Rights Threaten the Supremacy of Community Law?
Jonas BERING LIISBERG
Latest update: 23/06/2003 First published: -
Reference: Jean Monnet Working Paper 4/01
The paper examines Article 53 of the Charter of Fundamental Rights of the EU. It addresses the fear that if the Charter is incorporated into EU law, Article 53 could threaten the supremacy of Community law over national constitutions.
Harmonisation of asylum law and policy within the European Union: a human rights perspective
Hannah GARRY
Latest update: 23/06/2003 First published: 2002
Reference: Netherlands Quarterly of Human Rights, vol. 20 (2002) no. 2 (p. 163 - 184)
The article deals with the harmonisation of European asylum policy which lies within the goal of greater economic and political intergration. Focus is placed on the human rights problems the harmonisation may bring.
Droit communautaire des droits fondamentaux
Frédéric SUDRE
Latest update: 23/06/2003 First published: 2002
Reference: Rev. trim. dr. h. 2002; p. 659-683.
Chronicle of the jurisprudence of the European Court of Justice in the field of Human Rights - 2001.
El principio de igualdad de trato y la prohibición de discriminación por razón de sexo a la luz de la jurisprudencia del T.J.C.E.
Amaya UBEDA DE TORRES
Latest update: 08/07/2002 First published: 8/7/2002
Reference: HRNi
The Principle of Discrimination in the Case Law of the Court of Justice of the European Union
The Jurisprudence of Human Rights in The European Union - Integration and Disintegration, Values and Processes
J.H.H. WEILER
Latest update: 17/06/2002 First published: 1996
Reference: Harvard Law School - The Jean Monnet Chair
I Introduction II. Human Rights in the Union Legal Order III. Multicultural Polity and the Multiple Identity Individual IV. Protection of Fundamental Human Rights: Review of Member State Measures
The European Court of Justice and the Protection of Fundamental Rights in the European Community: New Developments and Future Possibilities in Expanding Fundamental Rights Review to Member State Action
Darcy BINDER
Latest update: 11/06/2002 First published: 1995
Reference: Harvard Law School - The Jean Monnet Chair
This paper examines how the Court has begun to assert a greater role for itself by expanding the applicability of Community fundamental rights standards to certain types of action taken by the Member States.
An 'Ever Closer Union' in Need of a Human Rights Policy: The European Union and Human Rights
Philip ALSTON - J.H.H. WEILER
Latest update: 11/06/2002 First published: 1999
Reference: Harvard Law School - The Jean Monnet Chair
That "article puts forward a wide range of measures that should be explored in relation to the role of the Council, Commission, Parliament and Court, as well as Member States" in relation with Human Rights Policy.
A Human Rights Policy for the European Community and Union: The Question of Competences
Sybillia FRIES - J.H.H. WEILER
Latest update: 11/06/2002 First published: 1999
Reference: Harvard Law School - The Jean Monnet Chair
The question of Community competences in the field of human rights.
Droits de l'homme - La Charte des droits fondamentaux et au delà
Jacqueline DUTHEIL DE LA ROCHèRE
Latest update: 11/06/2002 First published: 2001
Reference: Harvard Law School - The Jean Monnet Chair
The Charter Today - What status for the Charter tomorrow?
The Future of the EU Charter of Fundamental Rights
Christopher MCCRUDDEN
Latest update: 11/06/2002 First published: 2001
Reference: Harvard Law School - The Jean Monnet Chair
I. How we got to here - II. What we have at the moment - III. Some options for the future - IV. Some deeper issues underlying debate about the future of the Charter - V. Conclusion
Human Rights: The Charter and Beyond
Gráinne DE BúRCA
Latest update: 11/06/2002 First published: 2001
Reference: Harvard Law School - The Jean Monnet Chair
1. Options for the future legal status of the Charter. 2. The symbolic role of the Charter: a shift in the ethic of the EU?
     
Languages: English
Online library resources - Links - Articles - Reports - All related to implementation of the "Copenhagen Political Criteria" in the EU accession countries.
Languages: Danish Dutch English Finnish French German Greek Italian Portuguese Spanish Swedish
Single entry point to the complete collections of EU legal texts: the Official Journal of the European Union, the Treaties, legislation, legislation in preparation, case-law, parliamentary questions and documents of public interest.
Languages: English Greek
Research, study, defense, protection and promotion of the generally recognized fundamental human rights and freedoms - List of publications - Events - News on human rights - Reports -Jurisprudence - Legislation
Languages: English
Monitors the state and civil liberties in the European Union - Database - Freedom of information in the EU - Encourages the publication of investigative journalism and critical research in the fields of the state, civil liberties and openness.
Languages: English
Key documents - European Council Conclusions - EU Council Conclusions - Legal Texts - Other Documents - Links
Languages: English
The Forum is seen as an instrument to develop a dialogue between the EU institutions and NGOs active in the field of human rights as well as other actors involved (academics, international organisations). Reports in English and French of fora held.
Languages: Danish Dutch English Finnish French German Greek Italian Portuguese Spanish Swedish
Text of the Charter - Explanations by the drafting Convention - Archive materials: Reference texts, NGO Contributions and Links.
Languages: Danish Dutch English Finnish French German Greek Italian Norwegian Portuguese Spanish Swedish
Presents European and international texts and links concerning fundamental rights.
Languages: English French German
European Union context: High Level Panel - Frontier control - Qualifications - Right of Residence - Voting rights Infringements - EU Citizenship
Languages: English Greek
News and human rights reports (for example: muslim weddings by proxy in Greece) - Special focus on subjects such as terrorism - The state of the respect of human rights in Greece - Criminal law
Languages: Danish Dutch English Finnish French German Greek Italian Portuguese Spanish Swedish
Provides a monthly insight into the activities of the European Commission and of the other Community institutions. Ten times a year in all the Community languages. Section on Human Rights with basic information on activities.
Languages: Danish Dutch English Finnish French German Greek Italian Portuguese Spanish Swedish
Charter of Fundamental Rights - General information - Public hearings - Database
Languages: Danish Dutch English Finnish French German Greek Italian Portuguese Spanish Swedish
Weird, flashy site, but full of practical information about utilizing free movement of persons rights within the EU. An EC initiative that springs from the recommendations of the 1997 High-level panel report. Citizens' rights more than Human Rights.
     
Selected Case Law
max.mobil Telekommunikation Service GmbH v Commission of the European Communities
Date: 30/1/2002
Decision-making body: Court of First Instance of the European Communities
Legal reference: T 54/99
The Court invoked the Charter of Fundamental Rights of the European Union (art. 41) as "confirmation" of the constitutional traditions common to the Member States.
Friedrich Kremzow v Republik Österreich
Date: 29/5/1997
Decision-making body: Court of Justice of the European Communities
Legal reference: C 299/95
Compatibility with the European Convention on Human Rights of national legislation not falling within the field of application of Community law - The Court has no such jurisdiction.
The Society for the Protection of Unborn Children Ireland Ltd v Grogan and others
Date: 4/10/1991
Decision-making body: Court of Justice of the European Communities
Legal reference: ECJ, C 159/90
The Court, when requested to give a preliminary ruling, must provide the national court with all the elements of interpretation which are necessary in order to enable it to assess the compatibility of legislation with the fundamental rights.
Matthews v The United Kingdom
Date: 18/2/1999
Decision-making body: European Court of Human Rights
Legal reference: ECHR 18 February 1999 Rec. 1999-I n° 24833/94
EC member states must provide that Convention rights continue to be secured after the transfer of competence to the EC - Responsibility cannot be placed on EC organs but on member states. Art 1 of the Convention and Art 3 of the Protocol No. 1.
Wachauf v Bundesamt für Ernährung und Forstwirtschaft
Date: 13/7/1989
Decision-making body: European Court of Justice
Legal reference: C 5/88
The protection of fundamental rights in the Community legal order is also binding on the Member States when they implement Community rules. Member States must, as far as possible, apply those rules in accordance with the fundamental rights.
Schräder v. Hauptzollamt Gronau
Date: 11/7/1989
Decision-making body: European Court of Justice
Legal reference: C 265/87
Fundamental rights are not absolute but must be viewed in the light of the social function of the activities they protect. However, restrictions must correspond to objectives of general interest and must not infringe upon the substance of the rights.
Carpenter v United Kingdom
Date: 11/7/2002
Decision-making body: The European Court of Justice
Legal reference: C 60/00
Right of residence in favour of spouse from 3rd country to national of a Member State established in that State and providing services to persons in other Member States. Art 49 EC read in the light of the fundamental right to respect for family life
     
Case Law Websites
Court of Justice and Court of First Instance
Languages: Danish Dutch English Finnish French German Greek Italian Portuguese Spanish Swedish
Case law of the Court of Justice and the Court of First Instance.
     
Reports
European Union Annual Report on Human Rights 2002
European Union / Union européenne Date: 21/10/2002
Reference: EU Reports
Source: EUROPA - EuropeAid - European Initiative for Democracy and Human Rights
Human Rights Report 2002
European Union / Union européenne Date: 2002
Reference: -
Source: European Union
Human Rights Report 2001
European Union / Union européenne Date: 2001
Reference: -
Source: European Union
Human Rights Report 2000
European Union / Union européenne Date: 2000
Reference: -
Source: European Union
Human Rights Report 1999
European Union / Union européenne Date: 1/10/1999
Reference: PESC 311COHOM 9RELEX 30
Source: European Union
That Report, the first of its kind, covering the period from 1 June 1998 to 30 June 1999, intends to explain how the Union's headway towards integration is paralleled in the field of human rights.
     
Books
Humanité et droit international : Mélanges René-Jean Dupuy
Reference: Paris, Pedone, 1991
Languages: English French
A collection of articles on different issues offered to René-Jean Dupuy. Most of the articles are written in French, a few in English.
Nationality, Migration Rights and Citizenship of the Union
Stephen HALL
Reference: Dordrecht, Martinus Nijhoff Publishers, 1995
Languages: English
Legal implications of establishing a European citizenship - Nationality and community law - Nationality and Union supervision - Citizenship migration rights, their direct effect, limitations and conditions - Analysis of case law.
Introduction au droit public, t. II, Les droits et libertés
Rusen ERGEC
Reference: Diegem, Kluwer, 2003
Languages: French
Professor Ergec's book on rights and freedoms was enlarged for this 2nd edition. The book covers fundamental rights and freedoms at Belgian, European and International levels.
EU Law - Text, Cases and Materials
Paul CRAIG - Gráinne DE BúRCA
Reference: Oxford, Oxford University Press, 2003
Languages: English
The new edition of a popular book. It addresses all aspects of institutional and substantive law and the text is made up in one half by analysis and the other half by cases and materials. Chapter 8 - Fundamental rights.
Human Rights in the Treaty Relations of the European Community - Real virtues or virtual reality?
Mielle BULTERMAN
Reference: Antwerpen, School of human rights research series, vol 7, Intersentia Hart, 2001
Languages: English
Focusing on the legal aspects, this books studies the use of human rights clauses by the EU in trade and cooperation agreements with developing countries. It explores European Union law, public international law and international human rights law.
L'adhésion des Communautés européennes à la Convention européenne des droits de l'homme
Olivier DE SCHUTTER
Reference: Bruxelles, Courrier Hebdomadaire no. 1440, CRISP, 1994
Languages: French
The protection of human rights within the legal order of the EC follows the jurisprudence of the European court of Human Rights. The author examines if the accession by the EC to the European Convention is purposeful and, above all, realistic.
Code de droit international des droits de l'homme
Olivier DE SCHUTTER - Françoise TULKENS - Sébastien VAN DROOGHENBROECK
Reference: Bruxelles, Bruylant, 2003
Languages: French
2nd edition (updated to May 1st, 2003) of this collection of the main international instruments (as well universal as regional) regarding the protection of fundamental human rights.
Monitoring Human Rights in Europe. Comparing International Procedures and Mechanisms
A. Bloed, L. Leicht, M. Nowak, A. Rosas Ed.
Reference: Dordrecht/Boston/London, Martinus Nijhoff, 1993
Languages: English
The studies focus on the effectiveness of the various mechanisms and frameworks, their differing legal and political characteristics and contexts, their interrelationship as well as their advantages and disadvantages.
Monitoring Human Rights in Europe: Comparing International Procedures and Mechanisms
Arie Bloed, Liselotte Leicht, M. Nowak, A. Rosas Ed.
Reference: Dordrecht, Martinus Nijhoff Publishers, 1993
Languages: English
Collection of articles on international mechanisms for the protection of human rights and the prevention of their abuses in Europe: Reporting procedures - Individual complaints - Contribution of NGOs - Torture - Minority rights - ICTY...
L'émergence d'une politique européenne d'asile
C. Dias Urbanos de Sousa, Ph. De Bruycker Ed.
Reference: Bruxelles, Faculté de droit de l'ULB, Bruylant, 2004
Languages: English French
A collection of studies on the emergence of a European asylum policy, which results from the implementation of the Amsterdam Treaty. Completes the Odysseus network's first book on the emergence of a European policy migration (Bruylant, 2003).
Human Rights and the European Community - A Critical Overview
CASSESE A; CLAPHAM A; WEILER J Ed.
Reference: Baden Baden, Europen Union - The Human Rights Challenge Vol I, Nomos, 1991
Languages: English French
The opening volume of a three volume set of reports carried out by a team of experts on the order of the EC. In this part Andrew Chapham covers the evolvement of human rights in the EC and looks at the future problems and solutions.
Human Rights and the European Community - The Substantive Law
CASSESE A; CLAPHAM A; WEILER J Ed.
Reference: Baden Baden, European Union -The Human Rights Challenge Vol III, Nomos, 1991
Languages: English French
Part III of a reserch project undertaken by international scholars and commanded by the EC. This part contains reports on such issues as environmental rights, consumer rights, womens rights, freedom of information and educational and cultural rights.
L'Union européenne et la gouvernance
F. Snyder Ed.
Reference: Bruxelles, Travaux du CERIC, Bruylant, 2003
Languages: English French
While focusing on governance in the EU integration process, the book studies a number of Human Rights-related issues, such as the regulation of the Internet, the common asylum policy and the positioning the EU HR system in its international context.
Le droit au respect de la vie familiale au sens de la Convention européenne des droits de l'homme
F. Sudre Ed. - Frédéric SUDRE
Reference: Bruxelles, Droit & Justice, Bruylant, 2002
Languages: French
Records of March 2002 colloquium constituting an impressive overall 3-chapter analysis of the construction by the european judge of the right to respect for private and family life (definition of private and family life, its exercice, and equality).
Constitution européenne, démocratie et droits de l'homme
G. Cohen-Jonathan, J. Dutheil de La Rochère Ed.
Reference: Bruxelles, Droit & Justice, Bruylant, 2003
Languages: French
The Charter of Fundamental Rights should be incorporated into the European Constitution : how will this new system of protection link up with that of the ECHR ? (Colloquium of March 2003).
Le ministère public et les exigences du procès équitable
I. Pingel, J.-F. Flauss Ed.
Reference: Bruxelles, Droit & Justice, Bruylant, 2003
Languages: French
Collected papers from a seminar confronting the ECHR's case law on the role of public attorneys or prosecutors (I. preparatory phase ; II. decision) with the practices of French High Courts and of the European Court of Justice.
Droits sociaux et droit européen : bilan et prospective de la protection normative
J.-F. Flauss Ed. - Jean-François FLAUSS
Reference: Bruxelles, Droit & Justice, Bruylant, 2002
Languages: French
In the Council of Europe and in the European Union, social rights are the object of a growing protection, both in quality and quantity. Questions raised : problems of coexistence and reciprocal influences - unicity of the standards of protection
L'union européenne et les droits fondamentaux
LECLERC S; AKANDJI-KOMBE J-F; REDOR M-J Ed.
Reference: Bruxelles, Bruylant, 1999
Languages: French
This book gathers together the contributions made by participants at the study day CEDECE organised by the Centre for studies on Fundamental Rights (CRDF) in Caen the 7th of May 1998. It comprises an array of different topics.
Avancées et confins actuels des droits de l'homme aux niveaux international, européen et national
Mélanges offerts à Silvio Marcus Helmons Ed.
Reference: Bruxelles, Bruylant, 2003
Languages: French
Impressive collection of articles in the field of international and european human rights, as a tribute to the founder of the Center for Human Rights of the faculty of law of the Université Catholique de Louvain.
L'Union Européenne et les Droits de l'Homme
Philip Alston Ed.
Reference: Bruxelles, Bruylant, 2001
Languages: French
In this volume the leading experts in the field, including individuals from every EU country, provide an insightful critique of current policies of the EU and detailed recommendations for the future. This book exists in both English and French.
Droit communautaire des droits fondamentaux
SUDRE Frédéric Ed. - Sabrina QUELLIEN - Nicolas RAMBION - Caroline SALVIEJO - Frédéric SUDRE
Reference: Bruxelles, Droit et justice no. 26, Bruylant, 1999
Languages: French
A collection of case law of the European Court of Justice in the field of Human Rights from 1957-1999.
Réalité et perspectives du droit communautaire des droits fondamentaux
SUDRE Frédéric; LABAYLE Henri Ed.
Reference: Bruxelles, Droit et justice no. 27, Bruylant, 2000
Languages: French
A collection of articles given at the study days held the 4th and 5th of November 1999 and organised by CEDECE. It contains also an introduction by Frédéric Sudre and a summary of the debates.
     
Periodicals
Actualité et Droit International
Reference:
Contact: despretz@ridi.org http://www.ridi.org/adi/
Languages: French
E-journal of international news legal analysis. Articles (archive from 1998, quick search), chronicles and cases, discussions, international news, announcements. Useful links.
Droits Fondamentaux
Reference: Paris,
Contact: despretz@toile.org http://www.droits-fondamentaux.org/
Languages: French
First electronic journal in French on Fundamental Rights.
     
Human Rights Actors
Council of the European Union ()
www.consilium.eu.int Type:International or Regional Organization
The Council of the European Union
Euro-Mediterranean Human Rights Network (EMHRN)
http://www.euromedrights.net/ Type:Network
A network of human rights organisations based in more than 20 countries from the Euro-Mediterranean region. Supports and publicises the universal principles of human rights as expressed in the Barcelona Declaration.
European Monitoring Centre on Racism and Xenophobia (EUMC)
http://www.eumc.eu.int Type:International or Regional Organization
Established by the European Union as an independent body to combat racism, xenophobia and anti-semitism throughout Europe. Tasked with reviewing the extent and development of racist phenomena in the EU and promoting best practice among Member States.
European NGO Confederation for Relief and Development. (CONCORD)
http://www.concordeurope.org Type:Network
The main objective of the Confederation is to enhance the impact of European development NGOs vis-à-vis the European Institutions by combining expertise and representation.
European Union (EU)
http://europa.eu.int/ Type:International or Regional Organization
A unique institutional system based on democracy and the rule of law, and made up of 15 sovereign states, the EU claims to be the world's largest funder of human rights projects. It promotes human rights through its political and economic agreements.
Human Rights Centre, University of Potsdam (MRZ)
http://www.uni-potsdam.de/u/mrz/index.htm Type:Research / Education
Activities: conduct and publication of research, library, documentation system, teaching. International obligations and Germany - Human rights clauses in EC foreign relations - The question of remedies for HR violations - Minority issues.
Institute des Hautes Etudes Européennes, Equipe de recherche Droit comparé des Droits de l'Homme (IHEE)
http://www-ihee.u-strasbg.fr/ Type:Research / Education
The research team on comparative human rights law is specialised in: the European Union and human rights; National minorities in Europe; Interactions between international human rights norms; The duties of man.
Maastricht Centre for Human Rights ()
http://www.rechten.unimaas.nl/humanrights/Main.htm Type:Research / Education
Research activities: the role and significance of human rights in domestic and international legal orders - Particular research on the role of human rights in decision making and quasi-judicial organs at the regional (European) level.
Mediterranean Master's Degree in Human Rights and Democratisation ()
http://home.um.edu.mt/laws/entrance/index.html Type:Research / Education
One year multi-disciplinary programme coordinated by the University of Malta on behalf of a partnership of Universities and Human Rights institutions from both sides of the Mediterranean. One of five regional Master's supported by the EC.
Statewatch ()
http://www.statewatch.org/ Type:Network
Non-profit-making voluntary group founded in 1991. It is comprised of lawyers, academics, journalists, researchers and community activists. Statewatch encourages the publication of investigative journalism and critical research.
The Court of Justice of the European Communities (ECJ)
http://www.curia.eu.int Type:International or Regional Organization
The Court ensures that Community law is uniformly interpreted and effectively applied. It has jurisdiction in disputes involving Member States, EU institutions, businesses and individuals. A Court of First Instance has been attached to it since 1989.
The European Ombudsman ()
http://www.euro-ombudsman.eu.int/home/en/default.h Type:International or Regional Organization
The European Ombudsman investigates and reports on maladministration in the institutions and bodies of the European Community. The Ombudsman usually conducts inquiries on the basis of complaints but can also launch inquiries on his own initiative.