Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights

Riaan Eksteen
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Riaan Eksteen: Department of Politics and International Relations, Faculty of Humanities, University of Johannesburg, Johannesburg 2092, South Africa

Laws, 2020, vol. 9, issue 4, 1-12

Abstract: Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.

Keywords: Article 46; Brexit; Charter of Fundamental Rights; ECJ; EU law; human rights; Kadi cases; Treaty of Lisbon (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2020
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