e-journal

Fundamental Rights: An Unsettling EU Competence

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Abstract
For many years, fundamental rights were primarily protected in the European Union (EU) legal order in a negative way; EU institutions and Member States should not infringe fundamental rights when acting within the scope of EU law. However, since the Treaties of Amsterdam and Lisbon, the EU has gained greater competences to develop fundamental rights standards, and new mechanisms for the
protection of these standards have emerged. Although these new instruments enhance the mandate of the EU regarding fundamental rights protection, they also trigger a number of important questions. They are capable of calling into question, to an unprecedented extent, sensitive domestic policy areas through a rights-based process of Europeanization. Furthermore, the EU regime for the protection of fundamental
rights is increasingly difficult to contain within the limits of the traditional principle of attributed competences that was initially designed to circumscribe the process of European integration. Both types of questioning trigger significant resistances at the EU as well as national level.

Keywords Fundamental rights . EuropeanUnion . Court of justice of theEU. Attributed competences

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Ketersediaan

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Informasi Detail

Judul Seri

Human Rights Review (2014) 15:25–37

No. Panggil

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Penerbit

: Springer Science+Business Media Dordrecht., 2014

Deskripsi Fisik

Human Rights Review (2014) 15:25–37

Bahasa

English

ISBN/ISSN

1874-6306

Klasifikasi

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Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HAK ASASI MANUSIA
HAK-HAK DASAR

Info Detail Spesifik

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Pernyataan Tanggungjawab

ETY

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