'Remembrance of Principles Lost: on Fundamental Rights, the Third Pillar and the Scope of Union Law'

Spaventa, E.

Abstract

This article¹ analyses the interplay between fundamental rights and instruments adopted in the field of police and judicial co-operation in criminal matters. It argues that the limited jurisdiction of the European Court of Justice in relation to third pillar matters is problematic in relation to the Member States’ obligations under the European Convention on Human Rights, and that therefore the European Court of Human Rights should assert full jurisdiction over Member States’ acts adopted pursuant to third pillar instruments. Furthermore, it also argues that, even though third pillar instruments are not capable of having direct effect, national courts are under a Union law obligation to scrutinize, and if necessary set aside, national implementing measures which are inconsistent with fundamental rights as general principles of Union law.

Citation

Spaventa, E. (2006). 'Remembrance of Principles Lost: on Fundamental Rights, the Third Pillar and the Scope of Union Law'. Yearbook of European Law, 25(1), 153-176. https://doi.org/10.1093/yel/25.1.153

• Journal Article Type: Article
• Publication Date: Dec 1, 2006
• Deposit Date: Aug 13, 2008
• Journal: Yearbook of European Law
• Print ISSN: 0263-3264
• Electronic ISSN: 2045-0044
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• Volume: 25
• Issue: 1
• Pages: 153-176
• DOI: https://doi.org/10.1093/yel/25.1.153
• Keywords: European law, Third pillar, Fundamental rights.
• Public URL: https://durham-repository.worktribe.com/output/1585975