Respect for fundamental rights constitutes a general principle of EU law, which the EU is bound by not only in its internal action but also when it acts on the international plane. This follows from various provisions of the TEU and TFEU, as well as from the Charter of Fundamental Rights of the EU. Nonetheless, the CJEU shows itself to be oftentimes deferential towards fundamental rights issues in the EU’s external action. Even though the EU remains fully bound by its fundamental rights obligations, a more deferential scrutiny by the CJEU allows the EU increased leeway in this respect. While not always the case, this bears the risk of creating a gap between the de jure and de facto fundamental rights obligations of the EU in its external action. This article examines this tension and aims to assess how the increased discretion of the EU institutions may nonetheless be reconciled with the limits imposed by its fundamental rights obligations.
Jarne De Geyter (Tue,) studied this question.