From a pure economic union, to a fundamental right adjudicator
Primary objective of the original treaties of the EU (evolution)
→ The silence of the treaty of Rome (1957)
→ Leaving protection of fundamental right in hand of ECHR (European Convention on Human Rights)/Member States
→ The turning point: primacy and direct effect doctrine
→ The “Golden Age” of the ECJ
C-11/70 INTERNATIONALE HANDELSGESELLSCHAFT (1970)
AMSTERDAM TREATY (1999) → there is a shift from economic focus to a focus on fundamental rights protection
Article 6 has some key points → Established the EU’s role as a protector of fundamental rights, not just an economic union:
Charter of Fundamental Rights of the EU
54 articles divided into 7 chapters (equal importance of all rights, irrespective of categories):
LISBON TREATY (2007) → Strengthening fundamental rights within the EU legal framework
Article 6 TEU Key Points → Elevated human rights protection to a core EU legal principle, reinforcing its role beyond economic integration
| TERTIARY | EU Regulations, Directives and Decisions, which derive from the Treaties and are adopted by EU institutions |
|---|---|
| SECONDARY | National Constitutions → they are fundamental at the Member state level but are subject to EU law’s primacy |
| PRIMARY | Treaty (TEU, TFEU), CFREU |
$$ \textbf{Vertical effect} \newline \\ \text{EU Institutions} \\ \downarrow \,\,\,\ \uparrow \\\text{Member States} \leftarrow \text{Private Parties} $$
$$ \textbf{Horizontal effect} \newline \\ \text{Private Parties} \\ \downarrow \,\,\,\ \uparrow \\\text{Private Parties} $$
These rights can be enforced not only in disputes between individuals and the state (vertical effect) but also between private parties (horizontal effect)