The relevance of the ECHR and the Charter of Fundamental Rights of the EU for the Area of Freedom, Security and Justice

Summary:

The Creation of an 'Area of Freedom, Security and Justice' in the Treaty of Amsterdam represents an attempt to re-organise the much criticised structure of the so-called 'third pillar' aspects (Justice and Homes Affairs) of the Maastricht Treaty. The changes made by the Amsterdam treaty are a complex series of measures designed to bring matters relating to Justice and Home Affairs within the jurisdiction of the European Court of Justice (ECJ). One of the most important consequences of these developments is that the ECJ’s human rights jurisdiction is now applicable to these aspects, and both EC law in this area and mechanisms employed by member states to interpret and apply these laws must comply with EC human rights principles. Of particular importance in determining these principles, is the European Convention on Human Rights (ECHR).

In this paper, the author first addresses the general relationship between human rights and security. He then touches upon a number of specific issues such as data protection, freedom of movement including asylum, co-operation in criminal matters and the protection of personal liberty. He ends with a few observations on the jurisdictional protection of fundamental rights and freedoms.