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Ziegler, Katja S. --- "Autonomy: from myth to reality – or hubris on a tightrope? EU law, human rights and international law" [2017] ELECD 976; in Douglas-Scott, Sionaidh; Hatzis, Nicholas (eds), "Research Handbook on EU Law and Human Rights" (Edward Elgar Publishing, 2017) 267

Book Title: Research Handbook on EU Law and Human Rights

Editor(s): Douglas-Scott, Sionaidh; Hatzis, Nicholas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782546399

Section: Chapter 12

Section Title: Autonomy: from myth to reality – or hubris on a tightrope? EU law, human rights and international law

Author(s): Ziegler, Katja S.

Number of pages: 42

Abstract/Description:

This chapter considers the relationship between EU law and international law from the perspective of human rights in regard to both EU fundamental rights and international human rights, in particular the European Convention on Human Rights (ECHR). It introduces its theme by considering the characteristics, links and contrasts of EU fundamental rights in relation to international human rights (1). It then analyses the approach of the Court of Justice of the European Union (CJEU) to the interaction between EU law, including EU fundamental rights, and international law generally as moving from an open to a restrictive approach (2). More specifically, the relationship between EU law and international human rights, in particular the ECHR, will then be considered (3). It is shown and critically analysed how the CJEU has increasingly focused on the autonomy of the EU legal order, not just in relation to the member states, but also in relation to international law up to the point of constructing a notion of autonomy akin to state sovereignty (4). The concluding section, not least because of persisting human rights deficits of the EU and their impact on the legitimacy and credibility of the EU, suggests developing an alternative approach to general international law, informed by the rule of law and openness to international law to promote good governance (5). The relationship between EU fundamental (or human)rights and international human rights is multifaceted. First, EU fundamental rights are themselves international human rights.