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Young, Alison L. --- "EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the European Union" [2017] ELECD 970; in Douglas-Scott, Sionaidh; Hatzis, Nicholas (eds), "Research Handbook on EU Law and Human Rights" (Edward Elgar Publishing, 2017) 139

Book Title: Research Handbook on EU Law and Human Rights

Editor(s): Douglas-Scott, Sionaidh; Hatzis, Nicholas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782546399

Section: Chapter 6

Section Title: EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the European Union

Author(s): Young, Alison L.

Number of pages: 23

Abstract/Description:

The Court of Justice of the European Union (CJEU) faces a wide variety of human rights decisions. In common with national courts, it has to ensure that the actions of the European Union (EU) administration and legislature comply with human rights. These human rights are found in the general principles of Community law, including, inter alia, those of the European Convention of Human Rights (ECHR), in addition to the EU Charter of Fundamental Rights and Freedoms. When doing so, the CJEU may find that it is judging not only the actions of the institutions of the EU, but also actions of the administration and legislature of the member states as they implement provisions of EU law, or act as agents of the EU administering EU law. In addition, the CJEU will adjudicate on actions of the member states when they are acting within the sphere of EU law. This can occur when member states derogate from other provisions of EU law on the grounds of protecting human rights, or where member states fail to implement EU law provisions that either directly or indirectly protect human rights. This diverse nature of the human rights jurisdiction of the CJEU poses unique problems for human rights adjudication in the EU. The Court is at one and the same time protecting human rights from abuse by its own measures and policing the activities of its member states. Moreover, the lines between these roles are blurred.