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Fundamental Rights in the European Union: The role of the Charter after the Lisbon Treaty

27-03-2015

The European Union, like its Member States, has to comply with the principle of the rule of law and respect for fundamental rights when fulfilling the tasks set out in the Treaties. These legal obligations have been framed progressively by the case law of the European Court of Justice. The Court filled the gaps in the original Treaties, thus simultaneously ensuring the autonomy and consistency of the EU legal order and its relation with national constitutional orders. Since the entry into force ...

The European Union, like its Member States, has to comply with the principle of the rule of law and respect for fundamental rights when fulfilling the tasks set out in the Treaties. These legal obligations have been framed progressively by the case law of the European Court of Justice. The Court filled the gaps in the original Treaties, thus simultaneously ensuring the autonomy and consistency of the EU legal order and its relation with national constitutional orders. Since the entry into force of the Lisbon Treaty, these principles have also been expressly laid down in the Treaties and in the Charter of Fundamental Rights. Being part of the body of EU constitutional rules and principles, the Charter is binding upon the EU institutions when adopting new measures, as well as for Member States during implementation. The Charter is the point of reference, not only for the Court of Justice, but also for the EU legislature, especially when EU legislation gives specific expression to fundamental rights. Moreover, fundamental rights are also of relevance for EU legislation covering all the other areas of Union competence.

Frans Timmermans - First Vice-President - Better Regulation, Inter-Institutional Relations, the Rule of Law and Charter of Fundamental Rights - Hearings of European Commissioners-designate

24-09-2014

The First Vice-President-designate for Better Regulation, Inter-Institutional Relations, the Rule of Law and Charter of Fundamental Rights is Frans Timmermans (the Netherlands). His hearing will take place before the Open Conference of Presidents on Tuesday 7 October 2014 (14:30-17:30).

The First Vice-President-designate for Better Regulation, Inter-Institutional Relations, the Rule of Law and Charter of Fundamental Rights is Frans Timmermans (the Netherlands). His hearing will take place before the Open Conference of Presidents on Tuesday 7 October 2014 (14:30-17:30).

Frontex and surveillance of the EU's external sea borders

10-04-2014

In recent years, EU Member States have been confronted with increasing numbers of irregular migrants travelling on overloaded and/or unseaworthy boats across the Mediterranean Sea. In order to limit the growing numbers of fatalities, with hundreds of lives being lost, the EU and its Member States have sought to improve surveillance at the EU's external sea borders and strengthen coordination in search and rescue.

In recent years, EU Member States have been confronted with increasing numbers of irregular migrants travelling on overloaded and/or unseaworthy boats across the Mediterranean Sea. In order to limit the growing numbers of fatalities, with hundreds of lives being lost, the EU and its Member States have sought to improve surveillance at the EU's external sea borders and strengthen coordination in search and rescue.

EU approach to cyber-security

31-03-2014

Fighting cross-border crime affecting information and communications networks (cybercrime) is a priority in the EU's internal security strategy. To counter so-called cyber-attacks in a borderless space, the European Union and the Council of Europe have drawn up common strategies, operational measures and legislation.

Fighting cross-border crime affecting information and communications networks (cybercrime) is a priority in the EU's internal security strategy. To counter so-called cyber-attacks in a borderless space, the European Union and the Council of Europe have drawn up common strategies, operational measures and legislation.

Entry and residence of third-country nationals for research and study purposes

20-02-2014

The European Union faces major structural and demographic challenges. To maintain its position as world-leading economy, the EU needs to attract more skilled labour. Students from third countries are an important source of skilled workers, while the EU has a shortage of the researchers and innovators desperately required if the Union is to meet its economic growth targets.

The European Union faces major structural and demographic challenges. To maintain its position as world-leading economy, the EU needs to attract more skilled labour. Students from third countries are an important source of skilled workers, while the EU has a shortage of the researchers and innovators desperately required if the Union is to meet its economic growth targets.

Freedom of movement for EU public documents

30-01-2014

Around 2.5% of the EU population is resident in a Member State (MS) other than that of their origin. In the past decade, increasing numbers of EU citizens have taken advantage of free movement within the internal market, wishing to live, work or study in another MS. However, according to the European Commission, this freedom may be curtailed in practice by the need for European citizens and legal persons to have the host State recognise public documents and certificates from their State of origin ...

Around 2.5% of the EU population is resident in a Member State (MS) other than that of their origin. In the past decade, increasing numbers of EU citizens have taken advantage of free movement within the internal market, wishing to live, work or study in another MS. However, according to the European Commission, this freedom may be curtailed in practice by the need for European citizens and legal persons to have the host State recognise public documents and certificates from their State of origin. For example, problems are experienced in cases related to driving licences, accessing social services or tax benefits, avoiding double taxation, looking for a job, and getting married or divorced.

Constitutional problems of multi-tier governance in the EU

06-12-2013

Differentiated integration - where some Member States are not yet ready or are unwilling to participate in new developments – is a fact of today's European Union. Nonetheless, the route chosen by the Member States to move forward has a major impact both on the legal certainty around any new instruments and on their democratic oversight. Recent developments in the field of economic and monetary union illustrate very well the difficulties which arise.

Differentiated integration - where some Member States are not yet ready or are unwilling to participate in new developments – is a fact of today's European Union. Nonetheless, the route chosen by the Member States to move forward has a major impact both on the legal certainty around any new instruments and on their democratic oversight. Recent developments in the field of economic and monetary union illustrate very well the difficulties which arise.

Establishing the European Border Surveillance System

03-10-2013

The European Border Surveillance System (Eurosur) is a key element of integrated border management on the EU's external frontiers, in which Member States cooperate with each other and with Frontex to exchange information on irregular migration and cross-border crime. Developing Eurosur as a full-scale system, as proposed in the draft regulation, will also address the dangers faced by migrants on the EU's southern sea borders.

The European Border Surveillance System (Eurosur) is a key element of integrated border management on the EU's external frontiers, in which Member States cooperate with each other and with Frontex to exchange information on irregular migration and cross-border crime. Developing Eurosur as a full-scale system, as proposed in the draft regulation, will also address the dangers faced by migrants on the EU's southern sea borders.

The right of access to a lawyer

05-09-2013

In the European criminal justice area, the procedural rights of suspected or accused persons in criminal proceedings are an essential component of measures harmonising EU law or foreseeing mutual recognition mechanisms. The proposed Directive on the right of access to a lawyer follows a 2009 Council road map on rights of suspects and accused persons.

In the European criminal justice area, the procedural rights of suspected or accused persons in criminal proceedings are an essential component of measures harmonising EU law or foreseeing mutual recognition mechanisms. The proposed Directive on the right of access to a lawyer follows a 2009 Council road map on rights of suspects and accused persons.

Implementing the EU Internal Security Strategy

05-09-2013

Within the area of freedom, security and justice, the EU needs to ensure the balance between civil liberties and a high level of security. In March 2010, the European Council approved the EU internal security strategy (ISS). The Commission's agenda for implementing the ISS concludes in 2014, and therefore discussions on the strategy beyond 2014 are now under way.

Within the area of freedom, security and justice, the EU needs to ensure the balance between civil liberties and a high level of security. In March 2010, the European Council approved the EU internal security strategy (ISS). The Commission's agenda for implementing the ISS concludes in 2014, and therefore discussions on the strategy beyond 2014 are now under way.

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