Fundamental rights in the European Union

This chapter will start by analysing the historical background and the development of the case law on fundamental rights since, despite the introduction of the Charter, an understanding of the previous case law is vital to appreciate when and how fundamental rights apply in the EU. We will then analyse the main Treaty provisions relating to fundamental rights protection, including Article 7 TEU and its inability to successfully address the rule of law crisis, to then turn to the Charter of Fundamental Rights of the EU. In the last section, we will look at the relationship between the EU and the ECHR, including the extent to which the European Court of Human Rights (ECtHR) agrees to scrutinize EU acts. We will then look at the first draft agreement on the EU’s accession to the ECHR, the Court’s objections to that agreement together with the solutions proposed by the Council presidency to overcome such objectons in a modified Accession agreement.