Abstract

The human rights enshrined in the new European Union (EU) Charter of Fundamental Rights are not only binding on the EU itself, but also on its Member States when they implement EU law. In addition, every measure of the Member States is subject to human rights as protected by national constitutional law and the European Convention on Human Rights. The legal literature has devoted a lot of attention to the solution of conflicts between these fundamental rights catalogues. However, conflicts between EU and national human rights are extremely rare in practice. In the large majority of cases, they either co-exist or converge. This proposed paper will therefore offer a critical appraisal of the approach of the principal adjudicator of the Charter—the Court of Justice of the EU—to the co-existence and convergence of EU and national human rights. It will examine whether the interplay of these human rights catalogues ensures an effective protection of the rights of individuals.

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The University of Cambridge Centre of Governance and Human Rights Research Group is a forum for graduate students and early-career researchers from any department and disciplinary background researching issues of governance and human rights in the global, regional, and national contexts. This is an excellent opportunity to receive cross-disciplinary feedback, to produce a published CGHR Working Paper with editorial help, and to meet and network with student and academic researchers.

The CGHR Research Group meets every first Monday of the month from 1 to 2pm in the Alison Richard Building, Department of Politics and International Studies (7 West Road). Participants may bring their lunch, and tea and coffee will be provided after the seminar.

The aim is to facilitate an exchange between younger and more established researchers, offering a forum for the development of new and innovative ideas, constructive criticism and stimulating debate. Each month, one paper will be presented, and detailed feedback will be provided by a discussant (an established researcher, to be arranged by the Convenor) before opening up for a wider exchange. Presenters will be encouraged to incorporate feedback into a revised document, for possible publication as a CGHR Working Paper.

Call for Papers

We are looking to confirm presenters for coming terms. To present a paper or for more information on the research group, please contact the convenor, Rebekah Larsen, ral73@cam.ac.uk

More about the CGHR Research Group: http://www.cghr.polis.cam.ac.uk/events/research_group