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Publication details for Professor Eleanor Spaventa

Spaventa, E. (2006). 'Remembrance of Principles Lost: on Fundamental Rights, the Third Pillar and the Scope of Union Law'. Yearbook of European Law 25(1): 153-176.

Author(s) from Durham

Abstract

This article¹ analyses the interplay between fundamental rights and instruments
adopted in the field of police and judicial co-operation in criminal matters. It
argues that the limited jurisdiction of the European Court of Justice in relation to
third pillar matters is problematic in relation to the Member States’ obligations
under the European Convention on Human Rights, and that therefore the
European Court of Human Rights should assert full jurisdiction over Member
States’ acts adopted pursuant to third pillar instruments. Furthermore, it also
argues that, even though third pillar instruments are not capable of having direct
effect, national courts are under a Union law obligation to scrutinize, and if necessary
set aside, national implementing measures which are inconsistent with
fundamental rights as general principles of Union law.