Multilevel Protection of Fundamental Rights and the Role of European Courts

Bocconi L5 - The Multilevel Protection of Fundamental Rights and the Role of the European Courts

INTRODUCTION TO IT LAW. 18 February 2025 Course: Fundamentals of IT Law BEMACS Università Bocconi MILANOslido

Please download and install the Slido app on all computers you use A S Which EU legal source is directly applicable and binding in its entirety across all member states? i Start presenting to display the poll results on this slide.slido

Please download and install the Slido app on all computers you use A S What is the primary source of EU law? Start presenting to display the poll results on this slide. i4

Fundamental Rights Evolution

From Economic Union to Rights Adjudicator

From a pure economic union, to a fundamental rights adjudicator Primary objective of the original treaties of the EU A union based on economic integration NO express provisions on human rights The main problem of the Court reconciliation with the promotion of fundamental economic freedoms Università Bocconi MILANO5

Evolution of Fundamental Rights Protection

From a pure economic union, to a fundamental rights adjudicator The silence of the Treaty of Rome Leaving protection of fundamental rights in the hands of ECHR/Member States? The turning point: primacy and direct effect doctrine The "Golden Age" of the ECJ Università Bocconi MILANO6

Internationale Handelsgesellschaft (1970)

From a pure economic union, to a fundamental rights adjudicator C-11/70 INTERNATIONALE HANDELSGESELLSCHAFT (1970) - '3. Recourse to the legal rules or concepts of national law in order to judge the validity of measures adopted by the institutions of the Community would have an adverse effect on the uniformity and efficacy of Community law. The validity of such measures can only be judged in the light of Community law. In fact, the law stemming from the Treaty, an independent source of law, cannot because of its very nature be overridden by rules of national law, however framed, without being deprived of its character as Community law and without the legal basis of the Community itself being called in question. Therefore the validity of a Community measure or its effect within a Member State cannot be affected by allegations that it runs counter to either fundamental rights as formulated by the constitution of that State or the principles of a national constitutional structure. - - 4. However, an examination should be made as to whether or not any analogous guarantee inherent in Community law has been disregarded. In fact, respect for fundamental rights forms an integral part of the general principles of law protected by the Court of Justice. The protection of such rights, whilst inspired by the constitutional traditions common to the Member States, must be ensured within the framework of the structure and objectives of the Community. It must therefore be ascertained ... whether the system of deposits has infringed rights of a fundamental nature, respect for which must be ensured in the Community legal system'. Università Bocconi MILANO7

Fundamental Rights Evolution within Treaties

Amsterdam Treaty (1999) on Human Rights

From a pure economic union, to a fundamental rights adjudicator AMSTERDAM TREATY (1999) HUMAN RIGHTS - Article 6 1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States . 2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law. 3. The Union shall respect the national identities of its Member States. 4. The Union shall provide itself with the means necessary to attain its objectives and carry through its policies. Università Bocconi MILANO8

Charter of Fundamental Rights of the EU (2001)

From a pure economic union, to a fundamental rights adjudicator CHARTER OF FUNDAMENTAL RIGHTS OF THE EU (2001) - Right to privacy Dignity - Right to data protection - Freedom of expression Freedoms 54 articles divided into 7 chapters Equality Solidarity Equal importance of all rights, irrespective of categories Citizens' rights Justice Università Bocconi MILANO General provisions9

Lisbon Treaty (2007) and Fundamental Rights

From a pure economic union, to a fundamental rights adjudicator LISBON TREATY (2007) - Article 6 TEU 1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions 2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties. 3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law. Università Bocconi MILANO10

Application of EU Fundamental Rights

Vertical and Horizontal Effect

Vertical effect EU institutions Member states Private parties Horizontal effect Private parties Private parties Some provisions of EU primary law (such as Treaty and the Charter) and secondary law (such as regulations) can be directly invoked by individuals in national courts, even against other private individuals or companies. The landmark Defrenne v SABENA (C-43/75) case established that the principle of equal pay for equal work (now in Article 157 TFEU) has horizontal direct effect. This means that individuals can enforce their rights under this provision against private employers directly in court. Università Bocconi MILANO11

Importance of Horizontal Effect

Why doest it matter? .It extends the reach of EU law beyond disputes between individuals and the state. ·It enhances protection of fundamental rights by allowing individuals to challenge private actors who violate EU law. .It creates obligations for private companies to comply with EU fundamental rights, such as gender equality and fair working conditions. Horizontal effect Private parties Private parties noyb 099 = Università Bocconi MILANO12

Court of Justice of the European Union (CJEU)

CJEU Composition and Role

- Art 19(1) TEU: the Court of Justice · 'ensure[s] that in the interpretation and application of the Treaties the law is observed' · 'shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law' - Art 19(2) TEU: composition · Court of Justice (Article 252 TFEU) - 'one judge from each Member State' · 'assisted by Advocates-General' · General Court - Up to 2 judges per member state CVRIA CVRIA COUR DE JUSTICE DE L'UNION EUROPÉENNE Università Bocconi MILANO13

Types of Actions at the CJEU

Functions: · Ensures uniform interpretation and application of EU law. · Resolves disputes between EU institutions, member states, businesses, and individuals. Types of Cases: · Preliminary Rulings: National courts refer questions about EU law interpretation to the CJEU. · Infringement Proceedings: Brought by the European Commission or a member state against another member state for failing to comply with EU law. · Actions for Annulment: Review legality of EU acts (e.g., regulations, directives). . Actions for Failure to Act: Brought against EU institutions for failing to make decisions or take actions required by EU law. · Direct Actions: Individuals and companies can bring actions against EU institutions for damages or annulment of acts. Università Bocconi MILANO14

Direct and Indirect Actions

Direct action Indirect action • Art. 258 TFEU: actions for failure to fulfil obligations (infringement proceedings) · Art. 263 TFEU: actions for annulment · Art. 265 TFEU: actions for failure to act Art 267 TFEU: preliminary reference procedure CVRIA O Università Bocconi MILANO15

Preliminary Ruling (Art. 267 TFEU)

Tools for the MSs PRELIMINARY RULING Art. 267 TFEU "The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of the Treaties; (b) the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union" Università Bocconi MILANO16

Procedural Aspects of Preliminary Ruling

Tools for the MSs PROCEDURAL ASPECTS Preliminary ruling A reference from one judge to another The referral to the CJEU MAY be requested by one of the parties involved BUT the decision to do so rests upon the national court Università Bocconi MILANO17

Multilevel Protection of Fundamental Rights

EU vs. ECHR

EU # ECHR COUNCIL OF EUROPE # CONSEIL DE L'EUROPE EUROPEAN COURT OF HUMAN RIGHTS COUR EUROPÉENNE DES DROITS DE L'HOMME 0 CVRIA COUR DE JUSTICE DE L'UNION EUROPÉENNE Università Bocconi MILANOFUNDAMENTAL RIGHTS 18

Main Sources of Fundamental Rights Protection

MAIN SOURCES Charter General principles * ECHR ** · How do they overlap? Complement each other? · What legal effects do they have? * Derived from EU MS constitutional traditions, the ECHR and other international treaties signed by EU MS. ** 'special source of inspiration'. Università Bocconi MILANO19

Council of Europe (CoE) Definition

Council of Europe (CoE) Do not mistake it with the European Council or the Council of the European Union DEFINITION - The Council of Europe (COE) is an intergovernmental organization (46 Member States) devoted to promoting human rights, education and culture. One of its foundational documents is the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, ECHR). Some 800 million of people are actually living under the protection of the ECHR, as a "minimum rule" of human rights protection Università Bocconi MILANO