Obligation To Respect Fundamental Rights During EU Military Operations Presented by: Dr. Masło Date: 13 June 2024 Obligation To Respect Fundamental Rights During EU Military Operations - EU has an obligation to respect fundamental rights in all areas of integration; - What is the legal basis from which such an obligation arises? - What is the extent of this obligation? - Article 2 TEU • - The Union is founded on the values of [...] respect for human rights [...]. Articles 6(3) TEU • Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law - EU is bound by fundamental rights whenever it exercises its competences regardless of the nature of those competences • MS are obliged to respect fundamental rights under the CFR when they apply EU law; • MS participating in an EU military operation is bound by the CFR, as it is simply implementing a Council decision • MS is bound by the European Convention on Human Rights; • Human rights obligations incumbent on MS and the EU should be of the same scope; - - Two mechanisms of harmonization of fundamental rights standards: • Interpretation of fundamental rights under the CFR; • The Treaty obligation for the EU to accede to the ECHR; The Union shall accede to the ECHR with the proviso, however, that accession to the Convention shall not affect the competences of the Union as defined in the Treaties; - Regulation of the CJEU's competence for judicial review in the area of, inter alia, CSDP; - EU cannot accede to the ECHR and grant the European Court of Human Rights the ability to hear cases without prior involvement of the CJEU; - An expansive interpretation of the treaty provisions, - Changes to the Treaties by way of a intergovernmental declaration; - National courts of the Member States with jurisdiction over CFSP matters? - Amendment of the Treaties contained in Article 48 TEU?