EU Fundamental Rights as a Special Source for the European Court of Human Rights

This work is part of the RESHUFFLE research project, which explores the growing impact of the European Union’s role in the field of fundamental rights. Historically, Europe was split between two systems: the Council of Europe, focused on democracy, the rule of law, and human rights through the European Convention on Human Rights; and the European Union, originally centered on economic integration and the internal market. In the absence of its own fundamental rights regime, the EU—through the Court of Justice of the EU—drew heavily on the ECHR to build its framework.

Over the past few decades, however, the EU has increasingly established its own standards in fundamental rights. Since 2000, the Charter of Fundamental Rights has served as the EU’s own Bill of Rights. Legislative action in areas such as equality, data protection, and non-discrimination has further expanded the EU’s role. This evolution marks a shift in Europe’s fundamental rights landscape: from a position of ‘standard-taker’, the EU is emerging as a 'standard-setter’. Yet, this transformation and its consequences have received limited academic attention.

This project investigates how EU fundamental rights standards have influenced the case-law of the European Court of Human Rights. The research aims to uncover how the Court has engaged with EU standards, the opportunities these provide, and how it navigates the tensions arising from their use in its case-law.

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