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Human Rights in the EU Legal Order: Practical Relevance for EC Immigration and Asylum Law

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Chapter Summary

This chapter examines the extent of human rights protection relevant to immigration and asylum law within the current EU legal framework. It will be seen that both the current and the future system for human rights protection within the EU could potentially have an important practical impact on immigration and asylum issues within the scope of EC law. The main element in the current legal framework for the protection of human rights in the EU legal order is the recognition of human rights as "general principles of law" which the European Union protects. The general principles of law are still mentioned separately in the Constitutional Treaty, and so presumably must continue to exist as distinct source of rights. EC human rights rules benefit from the strong legal effect of Community law, and can be used to attack the validity of national rules as well as the validity of Community measures.

Keywords: asylum law; Constitutional Treaty; EC immigration; EU legal framework; human rights



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