Book contents
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- 1 The Scope of EU Fundamental Rights in the Area of Freedom, Security and Justice
- 2 A European Standard of Human Rights Protection?
- 3 The Protection of Fundamental Rights within the AFSJ: Through or Against Mutual Trust and Mutual Recognition?
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
2 - A European Standard of Human Rights Protection?
from Part I - The General Framework for Fundamental Rights Protection in the AFSJ
Published online by Cambridge University Press: 06 August 2021
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Fundamental Rights in the EU Area of Freedom, Security and Justice
- Copyright page
- Dedication
- Contents
- Contributors
- Foreword
- Preface
- Common Abbreviations
- Introduction Fundamental Rights at the Core of the EU AFSJ
- Part I The General Framework for Fundamental Rights Protection in the AFSJ
- 1 The Scope of EU Fundamental Rights in the Area of Freedom, Security and Justice
- 2 A European Standard of Human Rights Protection?
- 3 The Protection of Fundamental Rights within the AFSJ: Through or Against Mutual Trust and Mutual Recognition?
- Part II Asylum, Migration and Borders
- Part III Judicial Cooperation in Civil Matters
- Part IV Judicial Cooperation in Criminal Matters and Police Cooperation
- Part V Cross-Cutting Issues of Fundamental Rights in the AFSJ
- Index
Summary
The coexistence of several layers of fundamental rights with different goals, plus procedures for protecting fundamental rights in the courts that differ in scope, makes for a particularly complex situation. That situation is even more complicated in the Area of Freedom, Security and Justice, since it raises particularly sensitive issues for fundamental rights. Furthermore, the mutual recognition principle implies that decisions taken in one Member State are recognised and executed in any other Member State based on the presumption that all Members States have a sufficient level of fundamental rights protection. Hence, it is of paramount importance to ascertain whether sufficient protection of fundamental rights is guaranteed in the AFSJ, what are its core elements and what are the problems related to its operation in practice. Within that framework, this chapter discusses whether the CJEU is building a European standard of fundamental rights in the AFSJ. To that end, it examines, first, how the CJEU is relying on general principles and secondary law to strengthen the standard of fundamental rights, and second, how that standard is adapted to horizontal cooperation in a scenario of mutual trust.
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- Publisher: Cambridge University PressPrint publication year: 2021