Fundamental rights protection has been accepted as a general principle of EU law since 1970. Since then, there has been an incremental constitutionalisation of EU fundamental rights. A Charter of Fundamental Rights was created in 2000 and became binding in 2009 in the Lisbon Treaty. The European Convention on Human Rights (ECHR) also developed its own discourse to supplement the regime of EU fundamental rights protection. EU accession to the ECHR was set out in the Lisbon Treaty. These developments cumulatively contributed to an effective regime of EU fundamental rights protection, helping to transform the EU from a purely economic entity to a social and political one.

Unfortunately, despite the Lisbon Treaty, it appears that more recently this “Lisbon effect” has made little difference to fundamental rights’ effectiveness in today’s political atmosphere. It is questionable whether this is a sustainable future for fundamental rights. The effects have been widespread, weakening fundamental rights’ effectiveness in many areas across the Union.

This panel will analyse the effect of the EU’s crises on the effectiveness of fundamental rights protection in various areas to see where it is headed. It will look specifically in the context of the European Arrest Warrant, citizens’ rights, reforms in asylum law and healthcare. It will seek to argue that it appears to be heading towards an unsustainable future jeopardising further effective EU fundamental rights protection. The panel will also discuss whether and how this negative trend can be transformed to a dynamic and effective protection of fundamental rights.