Subjects and Objects of EU Human Rights Law

15 Pages Posted: 11 Jan 2019 Last revised: 12 Jan 2019

See all articles by Sionaidh Douglas-Scott

Sionaidh Douglas-Scott

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

Date Written: January 10, 2019

Abstract

This chapter pursues reflections about the contested nature of the EU in the context of EU human rights law, focussing in particular on some case law of the European Court of Justice. It investigates how the subjects and objects of EU human rights law can be understood, given the problematic contested identities of both human rights themselves, and the very nature of the EU. Caselaw from the European Court reveals that individuals are often subsumed to principles of EU law, such as direct effect, autonomy, supremacy, jurisdiction, and proportionality, that render the distinction of ‘subject/object’ highly ambivalent.

Suggested Citation

Douglas-Scott, Sionaidh, Subjects and Objects of EU Human Rights Law (January 10, 2019). Queen Mary School of Law Legal Studies Research Paper No. 298/2019. Available at SSRN: https://ssrn.com/abstract=3313729

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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