EU Law

The essence of a human right is that it is afforded immediate protection, even if this protection is not absolute. Rights are ‘fundamental’ because their existence is not open to dispute, negotiation or compromise, although their substance is subject to interpretation. Rights are anchored in law and they underwrite legal as well as political action. Despite their interaction, human rights should not be equated with human rights law. This chapter will explore the appearance and evolution of human rights in EU law, paying particular attention to five themes: the history and systematisation of human rights in EU law; their initial appearance in EU law via adjudication rather than political deliberation; the relationship between general principles, fundamental freedoms and fundamental rights in EU law; the use of fundamental rights in EU law, in particular the scope of judicial review by the CJEU; and accession to the European Convention on Human Rights.