Human Rights in the European Union; Lack of a Comprehensive and Coherent Regime

Document Type : مقالات

Author

• Seyed Mohammad Ali Taghavi

https://doi.org/10.22067/jipr.v2i3.44266

Abstract

The European Union in its policy declarations states that the respect for human rights is a requirement in its internal and external relations. For instance, accession of European countries to the Union, enjoying its services, and even signing an agreement with non-members is dependent on the observation of human rights. In this paper, the position of human rights in the European Union legal system is explored. The Human rights regime in the EU consists of four strands: EU Treaties, the Charter of Fundamental Rights of the EU, the jurisprudence of the European Court of Justice, and the European Convention on Human Rights to which the Lisbon Treaty requires accession, but has not been finalised so far. Given the significance of the latter, it is necessary to expedite the accession of the EU to the Convention. Although, the Convention is referred to in the EU legal system and particularly in the European Court of Justice’ jurisprudence, the accession will institutionalise the status of the Convention in the legal system, and authorises an external entity to observe the respect for human rights in the EU functioning. Nevertheless, there seems to be a lacuna concerning human rights within EU institutions, as for instance, there is not sufficient regard for social and economic rights. Moreover, it is necessary for the above-mentioned strands to work together in a coherent and comprehensive regime.

Keywords

• European union
• Human rights
• European convention on human rights
• Charter of fundamental rights of the EU