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Still lost in space?

Still lost in space?. Why the Lisbon Treaty does not help to guide individuals in search of an effective enforcement of fundamental rights Agata Capik, Franziska Boehm. The pluralism of sources on the example of European Data Protection rules. Franziska Boehm, Agata Capik. Questions.

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Still lost in space?

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  1. Still lost in space? Why the Lisbon Treaty does not help to guide individuals in search of an effective enforcement of fundamental rights Agata Capik, Franziska Boehm

  2. The pluralism of sources on the example of European Data Protection rules. Franziska Boehm,Agata Capik

  3. Questions • Are there some "hidden spaces" left? • What exactly does the Treaty of Lisbon change in the fundamental rights system of the EU? Franziska Boehm, Agata Capik

  4. I. General legal framework

  5. II. First Pillar and Police and Judicial Cooperation measures

  6. III. The Schengen Information System (SIS I + II)

  7. IV. Flight Passenger Data

  8. V. Preliminary Result • Spaces left in protection system, i.e., no harmonised fundamental rights system up to now ► harmonisation is necessary. • The different applicable intruments,each with its different binding force, lead to a confusing situation. • The existing protection framework should remain applicable, when specific legislation is developed.

  9. Does the Reform Treaty help? • Formal changes: • Legal status of the Charter • Historical review • Comparison to the current provisions • Substantial changes: • Efficient enforcement? • ECJ competences and limitations • Opt-out-measures

  10. Formal point of (re)view • Primary law status given to the Charter: • Single European Act • Maastricht • Amsterdam • Nice • Laeken

  11. Formal point of (re)view • Comparision with current provisions • Current Art. 6 EU versus upcoming wording of the provisions Art. 6 EU • Sources for protection: - General principles, - ECHR and - the Charter

  12. Substantial point of (re)view • Current Enforcement possibilities of the fundamental ritghs: • Current position of the ECJ • Compatibility with the Community law or protection of individuals? • Relation between ECJ and ECtHR

  13. Substantial point of (re)view • Enhanced competences in JHA • Locus standi in action for anulment • The right to the effective remedy in the Charter and strict admisibility conditions • Opt-out-measures PL - UK

  14. Substantial point of (re)view • Conclusions: Primary law status of the Charter brings no changes alone In conjuction with substantial changes of the enforcement rules – Changes within the protection of fundamental rights system only under certain conditions

  15. Still lost in Space • Final conclusions: - Missed oportunity to build the efficient and unified fundamental rights protection system • confusing pluralism of sources applicable in the different areas of law still remains • Incoherent provisions related to the ECJ competences and locus standi of individuals Franziska Boehm, Agata Capik

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