Insights from Specific Policy Areas: The Relationship between EU Law and International Law in the Field of Human Rights

Summary:

This article discusses the relation of EU Law and International Law in regards of human rights. Specifically, it discusses consolidation of the legal regime of human rights in the EU.

In the article it is argued that a satisfactory state of affairs on the juridical level cannot be equated with perfection at the level of governmental practices where normally many additional elements of a factual nature make themselves felt. Notwithstanding the lack of major shortcomings, the study of the emergence of the EU human rights regime and its present configuration would appear to be a worthwhile object of study. In general terms, it can be stated already at the very outset that this regime stands largely separated from general international law although its ultimate reference point, the Universal Declaration of Human Rights, is the same. Human rights within the EU are intimately connected with the European Convention on Human Rights but they exceed by far, on account of their level of perfection, the standards applicable at universal level.

Further information:

This article is part of the Special Issue: EU Law and Public International Law: Co-implication, Embeddedness and Interdependency.