Studied by 3 peopleWhat are fundamental rights
Fundamental rights are human rights which protects a person against the government.
Which articles are most relevant for fundamental rights in EU law?
Art. 2 TEU
Art. 6 TEU
What do “absolute rights” mean
Absolute rights cannot under any circumstances be legitimately limited
Example of an absolute right
Freedom of torture
What do “relative rights” mean
Relative rights may be limited in accordance with public interest
Example of a relative right
Freedom of assembly
Name the EU Charter of Fundamental Rights
Dignity
Freedoms
Equality
Solidarity
Citizens’ rights
Justice
General provisions
What does the notion of “hard rights” entail
rights that have direct effect and can be invoked in a court of law (hard claim).
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What does the notion of “soft principles” entail?
orienting objectives (for the EU) which must be integrated in the policies of the Union, but cannot be invoked in a court of law (no hard claim).
What are the implications for EU Citizenship of the Chen case?
expanded the principle of free movement for EU citizens (Art. 21 TFE), EU citizenship cannot be stripped from the child.
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