Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 25 February 2021

Abstract and Keywords

This article approaches the general issue of rights (and obligations) in the law of the EU from a theoretical, analytical perspective. This requires, in the first place, a theory of rights: we need to know how to identify rights, and not just fundamental rights, amongst all sorts of jural relations and legal institutes. In a second stage, it is necessary to consider whether rights in the EU have their very source in instruments of Community law, in the wider law of the EU, or elsewhere. In this latter sense, rights in the EU might be a rather large category comprising all duly recognized and enforceable rights within the EU as a complex set of institutions, and this can include rights derived from, and thereby recognized by EU law, as well as rights derived from other legal systems (member states' legal systems, international law, the European Convention of Human Rights) but recognized also in the EU legal system. Those systems interact when dealing with rights and obligations, especially in the context of directives (or framework decisions) – instruments conceived to ensure that rights and obligations created at European Community (or EU) level are recognized in the member states according to their ordinary legislative process.

Keywords: rights, obligations, EU law, member states, international law, Human Rights, EU legal system, directives

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.