Fundamental rights versus fundamental freedoms: a change in the reasoning of the Court of Justice of the European Union?

K Law (General)

Lafferty, Siobhan Mairi ; Greaves, Rosa

University:University of Glasgow

Department:School of Law

关键词: EU Law;    Police and Judicial Cooperation in Criminal Matters;    fundamental rights;    fundamental freedoms;    Court of Justice of the European Union: EU;   

Others  :  http://theses.gla.ac.uk/3701/1/2012laffertyllmr.pdf

来源: University of Glasgow

【 摘 要 】

It has been well documented that the European Union (EU) began as an economic organization which now concerns itself with a variety of social issues, such as fundamental rights. This dissertation seeks to address a change in the Court of Justice of the European Union’s (CJEU) reasoning from that of the fundamental freedoms and free movement so closely linked to the economic community to fundamental rights, which has growing importance within all international organisations, particularly in the area of Police and Judicial Cooperation in Criminal Matters (PJCC). The dissertation looks specifically to the rights of victims; the European Arrest Warrant; and, the rights of suspects. It is argued that there has been an increase in rulings in favour of fundamental rights from the Court, although not always dealt with adequately. It is also contended that fundamental freedoms are taking a lesser role, as illustrated by these PJCC rulings on wholly internal situations. However it is also argued that at times fundamental rights and freedoms are not always competing but in fact fundamental rights and freedoms are competing against the cornerstone of judicial cooperation; mutual trust.