Enforcing Human Rights in the European Court of Human Rights and Role of Council in EU Law-making Process

TMA02 0
TMA02
Student’s Name
1-19-2019

TMA02 1
Contents
Question 1...................................................................................................................................................2
Question 2...................................................................................................................................................3
Question 3...................................................................................................................................................4
References...................................................................................................................................................5

TMA02 2
Question 1
a) Explain how an individual in the UK can enforce their human rights in the European court of
Human Rights.
The Council of Europe was established after the Second World War to safeguard human rights,
the directions and regulations of law, and to encourage equality. An individual can enforce their
human rights in the European court of Human Rights by making an application in an appropriate
manner. After admitting the application, the court will examine the case by hearing both the
parties. Further court can pass order for investigation if he deems fit. Court will examine all the
evidences produces by parties either oral or written with affidavit, if needed. The European Court
stated that when construing the Convention and the individual rights protected, domestic courts
need to accept a dynamic and forward-looking tactic. After scrutinize the available evidences,
court has power to settle the matter. If an individual is not satisfied with the decision announced
by Council of Europe than an individual can appeal further (Hoffman, 2011).
The Agreement assurances specific rights and liberties and forbids unfair and injurious practices.
The Agreement stated the various articles such as article 2 which states the right to life, Article 3
which highlights freedom from torture, article 4 includes freedom from slavery, Article 5 states
the right to liberty, and article 6 states the right to a fair trial, etc. (Equality and Human Rights
Commission, 2019). The Human Rights Act was passed by the British parliament in year 1998
and came into force after two years. It consists almost all the provisions, or articles stated in the
agreement, permitting judges to apply them in the courts of United Kingdom (Ziegler and Wicks,
2015).
b) Describe the membership of the council (not the European Council) and its role in the EU
law-making process.
The European Council is the European Union institution that refers the general political trend
and priorities of the European Union. It consists heads of state or government of the member
states, composed with its President and the President of the Commission. European of Council
Union established together with the European Parliament, they discuss and adopts the European
Union laws. It also synchronizes with EU’s countries policies. European Council meetings
considered the High Representative of the union for Foreign Affairs and security policy when
foreign affairs issues are debated (Bulmer and Lequesne, 2013), (Kenealy, Peterson, and Corbett,
2015).
The EU has exclusive competence for the following policy areas such as Internal Market, Social
Policy, Agriculture, Consumer Protection, Transport etc. EU Council also involves in framing
policies and law decision making processes. Before the commission proposes new creativities it
assesses the Economic, Social and Environmental consequences that they have. The European
Parliament and the Council appraise proposals proposed by the Commission and propose
amendments afterwards. They discussed and took votes. To conclude a decision, at least four
countries are required (Greer, Gerareds and Slowe, 2018).