Fundamental Rights in the EU: The Ambiguity of Judicial Review
Published in Campbell, Ewing, Tomkins (eds), The Legal Protection of Human Rights: Sceptical essays (Oxford University Press 2011)
31 Pages Posted: 27 Jun 2014
Date Written: 2010
Although Advocate General Maduro asserted in the Centro Europa 7 case that ‘Protection of the common code of fundamental rights accordingly constitutes an existential requirement for the EU legal order’, this author does not share a faith in human rights as occupying a central role in the EU order, however desirable such a role might be.
This chapter will explore some ways in which human rights have not been granted as much ‘respect’ as they should under EU law. It will focus in particular on that area of EU law known as the Area of Freedom, Security and Justice, and on the role which the European Court of Justice has played.
Keywords: EU law, human rights, Area of Freedom Security and Justice, judicial review, European Court of Justice, public law,
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