The Development of the European System of Human and Fundamental Rights in the Current Economic and Political Context

Published date01 January 2016
Date01 January 2016
The Development of the European System of
Human and Fundamental Rights in the
Current Economic and Political Context
Gaëtan Cliquennois* and Elisabeth Lambert Abdelgawad**
There is a considerable wealth of legal and politico-scientif‌ic research on both the
substantive standards and the institutional mechanisms which make up the three pillars
of the European system of fundamental rights, i.e. national constitutions, the European
Convention of Human Rights (ECHR) and European Union Treaties. A good deal of
the literature has focused on each of the two supranational levels. As a result, both the
consistency of the normative output in the form of the case law of the European Court
of Human Rights (hereafter, ECtHR) and the Court of Justice of the European Union
and the impact that such output has had on national substantive standards
is very well known.
It seems to be generally accepted that the ECtHR and the CJEU
have developed European standards by mobilising the key documents by reference to
which they review state action (respectively, the European Convention of Human Rights
and the Charter of Fundamental Rights of the European Union, the latter hereafter the
Charter). Such standards are said to ref‌lect at the same time the fundamental objectives
pursued by the ECHR and the Charter and the contextual constraints imposed upon
the Courts.
There is an emerging trend in the literature, led by authors assessing the
* Researcher at the CNRS, University of Strasbourg, Societies, Actors and Governmentin Europe (SAGE),
5 avenue du Général Rouvillois, F-67083 Strasbourg Cedex, France.
** Research Director at the CNRS, University of Strasbourg, Societies, Actors and Government in Europe
(SAGE), UMR7363 4 Rue Blaise Pascal, 67081 Strasbourg, France.
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© 2016 John Wiley & Sons Ltd., 9600 Garsington Road, Oxford, OX4 2DQ, UK
and 350 Main Street, Malden, MA 02148, USA

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