Book contents
- Frontmatter
- Scientific Advisory Board
- Editors’ Preface
- Contents
- List of Abbreviations
- List of Contributors
- Part I Topic Of The Year
- Part II Eu
- The Court of Justice of the European Union and Human Rights in 2017
- Understanding Resettlement Through the Prism of Human Rights: A Case Study on the Resettlement in Belgium of Syrian Refugees from Lebanon
- The Decline of Fundamental Rights in CJEU Jurisprudence after the 2015 ‘Refugee Crisis’
- The EU Migration Crisis and the Human Rights Implications of the Externalisation of Border Control
- Does the EU Framework for Roma Integration Promote the Human Rights of Romani Persons in the Union?
- The EU Guidelines on Freedom of Religion or Belief at Their Fifth Anniversary: Implementation Lagging Behind?
- Human Rights Council in Troubled Waters: The EU as a Stabilising Factor
- Part III Coe
- PART IV OSCE
- Part V Others
- Part VI Book Reviews
- Index
The Court of Justice of the European Union and Human Rights in 2017
from Part II - Eu
Published online by Cambridge University Press: 31 January 2019
- Frontmatter
- Scientific Advisory Board
- Editors’ Preface
- Contents
- List of Abbreviations
- List of Contributors
- Part I Topic Of The Year
- Part II Eu
- The Court of Justice of the European Union and Human Rights in 2017
- Understanding Resettlement Through the Prism of Human Rights: A Case Study on the Resettlement in Belgium of Syrian Refugees from Lebanon
- The Decline of Fundamental Rights in CJEU Jurisprudence after the 2015 ‘Refugee Crisis’
- The EU Migration Crisis and the Human Rights Implications of the Externalisation of Border Control
- Does the EU Framework for Roma Integration Promote the Human Rights of Romani Persons in the Union?
- The EU Guidelines on Freedom of Religion or Belief at Their Fifth Anniversary: Implementation Lagging Behind?
- Human Rights Council in Troubled Waters: The EU as a Stabilising Factor
- Part III Coe
- PART IV OSCE
- Part V Others
- Part VI Book Reviews
- Index
Summary
ABSTRACT
In 2017, the Court of Justice of the European Union (CJEU) delivered several highly important judgments and opinions in the field of human rights law. The present article aims to provide an overview of this jurisprudence. It considers the most important cases in the fields of asylum law, the right to hold a European Citizens ‘ Initiative, data protection, non-discrimination, and the rule of law. Following a summary of each case discussed, it analyses the relevant aspects concerning human rights protection. The article finally concludes that the case law of the CJEU in the field of human rights law remains ambivalent. While some cases show further improvement in protecting the individual, other cases still show a strong tendency of relying on a utilitarian approach to human rights.
THE RIGHT TO ASYLUM
The Right to Asylum under Article 18 of the EU Charter of Fundamental Rights (CFR) is of immense practical importance as the Common European Asylum System (CEAS) is still struggling with the consequences of the refugee crisis of 2015. The jurisprudence of the European Court of Justice (ECJ) in 2017 on the matter has also clarified issues that are of general importance for EU human rights law and doctrine.
THE REFUGEE STATUS
Many systems of human rights protection have a general concept that individuals responsible for acts of persecution and violations of human rights should not benefit from fundamental rights and freedoms themselves. Enemies of freedom should not benefit from fundamental rights while they are trying to subvert them. At the very least, the rights of the enemies of human rights can be restricted more severely than those of other beneficiaries. Thus, Article 17 of the European Convention on Human Rights (ECHR) contains a prohibition of abuse of rights, which makes it clear that the ECHR may not be interpreted as allowing any act aimed at the destruction of the rights guaranteed in the Convention. In the same vein, Article 1 section F of the 1951 Geneva Convention relating to the Status of Refugees (CSR51) states that the provisions of the Convention shall not apply to any person who is guilty of acts contrary to the purposes and principles of the United Nations (UN). The CFR, however, does not contain a similar clause.
- Type
- Chapter
- Information
- European Yearbook on Human Rights 2018 , pp. 47 - 74Publisher: IntersentiaPrint publication year: 2018