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)

Oxford Legal Studies Research Paper No. 80/2014

31 Pages Posted: 27 Jun 2014  

Sionaidh Douglas-Scott

University of Oxford - Faculty of Law; Queen Mary University of London

Date Written: 2010

Abstract

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,

Suggested Citation

Douglas-Scott, Sionaidh, Fundamental Rights in the EU: The Ambiguity of Judicial Review (2010). Published in Campbell, Ewing, Tomkins (eds), The Legal Protection of Human Rights: Sceptical essays (Oxford University Press 2011); Oxford Legal Studies Research Paper No. 80/2014. Available at SSRN: https://ssrn.com/abstract=2458718

Sionaidh Douglas-Scott (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Queen Mary University of London ( email )

School of Economics and Finance
Mile End Road
London, E1 4NS
United Kingdom

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