Adam Gearey. EU treaties and ECHR


why was the EU made?

origins lie in reconstruction .

wars between France and Germany.

purpose is peace

Francoo-German endeavour. British sit to the side.

roots in Franco German relationship.

nature of the union.

treaty of rome. 1957. commitment to rights.

Contains human rights.

EU is a trade bloc it is also about other values. free movement of people.

brings social rights. development of EU one can see a commitment to and importance of  rights to economic organisation.

guiding thread

one must suggest. EU is an ongoing experiment

one sees the centrality to EU of HR as expressing core values of the EU

these rights interface with institutions/ there are counter arguments. this is a partial perspective

this should not be a set of snapshots of the institutions

there is a uniting theme

important to self understanding of the EU

this is experimental. engagement wirh a supra national organisaiton. it is unfinished there is technical complexity

EU is a creature of law

1957 treaty of rome took force 1958. amended by treaty of amsterdam and treaty of nice in 2001

set up backbone.

look at the charter of fundamental rights. picks up on earlier themes

link past with present and future

forces us to think abot foundational treaty and right sin charter of fundamental rights

important interprative tool

pay attention to  section from charter of fundamental rights

”annex 4   protection of fundamental rights is a founding principle of the union and a indispensable pre requisite for her legitimacy. The obligation of the union to respect fundamental rights

have been confirmed by the court of justice.                     There appears to be a need to establish a charter of fundamental rights in order to make their over riding importance more relevant to the citizens        ”

why is the EU using this language of rights

two concerns

first. since foundation there has been a growing sense that the instituons suffer from opacity

distrust of the union expressses itelf in politics of member states

legitimacy gaps.

lack of appreciation of institutions’ what are they doing

they do not appear to be legitimate

commitment to human rights

second concern. expansion of EU that had been commie

restructuring needed for membership. EU had to stress its own democratic credentials

new mmeber states had to democratise

former communist coutries jojn EU. chnaged dynamic

changed supra national institutions.

this necessarily changed it.

HR addresses both these concerns

”protection of fundamental rights is a founding principle of the Union.”




About Calers

Born Belfast 1971. I read history at Edinburgh. I did a Master's at UCL. I have semi-libertarian right wing opinions. I am married with a daughter and a son. I am allergic to cats. I am the falling hope of the not so stern and somewhat bending Tories. I am a legal beagle rather than and eagle. Big up the Commonwealth of Nations.

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