Comment by arlort
1 year ago
The EU charter of fundamental rights does not apply to national law
And the echr gives a lot of leeway to national laws
1 year ago
The EU charter of fundamental rights does not apply to national law
And the echr gives a lot of leeway to national laws
ECHR is law in Sweden and the constitution states that no law can be enforced that is contrary to the ECHR. This has consequences for when defamation is punishable.
Edit: And the EU charter is basically the ECHR but with some minor additions and it's own court.
> the constitution states that no law can be enforced that is contrary to the ECHR
Yes, but the decision of what is contrary to the ECHR is made by the ECHR and they always give pretty ample margins to member states. The ECHR is supposed to be a lower limit on what protections are given. Not the ultimate authority on what protections should be given.
Maybe they'd rule these cases in violation, all I'm saying is that I wouldn't be shocked if they didn't
> the EU charter is basically the ECHR but with some minor additions and it's own court
No, actually it's completely different from the ECHR. The ECHR is a treaty which applies to all actions and legislation of the parties.
The EU charter is specifically targeted at EU law. It is a protection against interference originating in EU law and its scope applies only to EU law and its implementation.
So if your rights are violated due to an EU regulation you have recourse because of the charter, if they are violated due to how your country implemented an EU directive you have recourse, and if they are violated by your country because of how they are enforcing some legislation you have recourse.
However the member states themselves could pass their own law completely violating these principles and as long as it doesn't infringe on EU competences you'd have no recourse (well, you'd still likely have the ECHR)