The compulsory character of human rights norms as a trait of european identity

  • Carlos Espaliú Berdud Nebrija University
DOI: https://doi.org/10.18543/ced-02-2019pp251-268
Keywords: european identity, Human rights, peremptory norms

Abstract

In this paper, we have studied the place that the norms that proclaim and defend human rights occupy in the juridical systems of the Council of Europe and the European Union, looking for their consensus and how they have been protected, aiming at determining whether their protection is a constituent trait of the European identity or not. In this sense, we have realized that both juridical systems try to protect human rights in a very special way, thus making credible the fact that in some provisions of their constituent treaties it is affirmed that human rights are part of the fundamental values of those organisations. Moreover, the remaining juridical mechanisms set up in order to protect human rights in the EU and the Council of Europe show the intention of their member states to place the norms that proclaim and protect human rights above the singular will of states. Therefore, the member states intent to create a sort of peremptory norms, something that allow us to conclude that the peremptory character of human rights norms is a constituent trait of the European identity.

Received: 02 July 2018
Accepted: 05 September 2018
Published online: 27 February 2019

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Author Biography

Carlos Espaliú Berdud, Nebrija University

Professor Espaliú got a scholarship from the Spanish Ministry of Education (1995-1998), he has been Lecturer in the University of Navarre (Spain) (1998-2000), Legal Officer of the International Court of Justice (2000- 2006) and Ramón y Cajal Researcher in the University of Córdoba (Spain) (2007-2012). At present, he is Associate Professor in Public International Law and European Union Law at the International University of Catalonia (UIC, Barcelona) (Spain); Vice-Dean for Academic Affairs at the Faculty of Law (UIC, Barcelona) and Director of the Charlemagne Institute of European Studies. He coordinates a research group recognized by the Government of Catalonia. He obtained the accreditation as Associate Professor (ANECA) in 2011 and as Full Professor (AQU) in 2015. Furthermore, he has been awarded two six-years research periods (CNAI) and two six-years research periods (AQU). Regarding European Law, he has published, among others, the following articles: A Reflection on the Participation of Individuals in the Creation of European Law through the European Citizens’ Initiative and its Scope in International Law, Cuadernos Europeos de Deusto, N.º 54, 2016, pp. 181-202; The EU response to the Paris terrorist attacks and the reshaping of the rights to self-defence in International Law, Spanish Yearbook of International Law, N.º 20, 2016, pp. 183-207.

Published
2019-02-27
How to Cite
Espaliú Berdud, Carlos. 2019. “The Compulsory Character of Human Rights Norms As a Trait of European Identity”. Deusto Journal of European Studies, no. 02 (February), 251-68. https://doi.org/10.18543/ced-02-2019pp251-268.
Issue
No. 02 (2019): SPECIAL ISSUE. European identity: roots and scope
Section
Monographic Articles. Scope of European identity. PART 3: «European identity: international projection»

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