The EU Charter of Fundamental Rights in the case law of the European Court of Human Rights

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Abstract

The European Court of Human Rights has begun to refer to the EU Charter of Fundamental Rights in order to support its reasoning for interpreting the European Convention on Human Rights in a particular way. But the EU Charter does not yet have any special status in that regard, being treated by the Court as on a par with numerous other documents of international law. The Court’s use of the Charter began in connection with arts 8 and 12 of the Convention (the right to a family life and the right to marry) but in subsequent years it has been extended to many other Articles of the Convention. It is in relation to art.6 (the right to a fair trial) that the Charter’s influence has been most noticeable so far, the Court having changed its position on two important aspects of Article 6 partly because of the wording of the EU Charter. But the influence on art.3 (in relation to the rights of asylum seekers), art.7 (in relation to retroactive penal laws), art.9 (in relation to the right to conscientious objection) and art.11 (in relation to rights of trades unions) has also been significant. The potential for the Charter to have greater influence on the Court’s jurisprudence in years to come remains considerable.
Original languageEnglish
Pages (from-to)27-40
Number of pages14
JournalEuropean Human Rights Law Review
Volume2015
Issue number1
Publication statusPublished - 02 Mar 2015

Keywords

  • EU Charter
  • ECHR
  • European Court of Human Rights

ASJC Scopus subject areas

  • Social Sciences(all)

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