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The Role of Human Rights in Setting the Boundaries of Sovereignty and the Autonomy of the EU Legal Order

Author:

Jan Willem Sap

Open University in the Netherlands, Heerlen, NL
About Jan Willem
Jan Willem Sap is professor of European Union Law, and associate professor of European Union Law aat the Vrije Universiteit.
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Abstract

Human rights in the eighteenth century were regarded as acquired rights within a certain legal context, for a specific legal community. However, during revolutions, such as in France, they have also been seen in the light of ‘universal natural law’. At the same time, constitutional rights may also be seen as further developed civil rights. In that case, however, not much is left over to do for the emancipatory power of human rights when it comes to the inviolable individual, human dignity and the humanization of society. Human rights should be placed at the forefront when devising the State’s Governmental apparatus and continue to function in the light of their universal origins. It is, therefore, disappointing that the European Union has taken it upon itself to determine the content and reach of human rights based on the autonomy of the European legal order by refusing to join the European Convention on Human Rights.

Keywords: EU Law, Human Rights
How to Cite: Sap, J.W., 2017. The Role of Human Rights in Setting the Boundaries of Sovereignty and the Autonomy of the EU Legal Order. Amsterdam Law Forum, 9(2), pp.48–64. DOI: http://doi.org/10.37974/ALF.294
Published on 01 Mar 2017.
Peer Reviewed

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