‘The trouble with EU fundamental rights is that their application allows the European Court of Justice

to make substantive policy choices which are for the EU legislature or the Member States to decide.’
Do you agree with the above statement? Explain your answer by reference to the case law of the ECJ.

The claim that applying EU basic rights permits the Court of Justice of the European Union (CJEU) to
make substantive policy decisions that should be left to the EU legislation or Member States is
debatable. While it is true that the CJEU plays an essential role in interpreting and enforcing EU basic
rights, it is critical to examine the nature of this function and its relationship to the EU legislative and
Member State decision-making processes. Let us investigate this further by looking at pertinent case
law:

The CJEU established the premise that basic rights are an inherent component of the general principles
of EU law in the case of Internationale Handelsgesellschaft (1970). The CJEU ruled that basic rights
protection is a fundamental necessity of the EU legal order, and it is the CJEU's responsibility to assure
their adherence.

The CJEU emphasised in the Stauder (1969) case that basic rights are intrinsic in the character of the EU,
derived from the constitutional traditions shared by the Member States. According to the CJEU, the EU's
commitment to basic rights is not only symbolic, but has legal repercussions.

Melloni (2013): The CJEU examined the possible contradiction between the EU Charter of Fundamental
Rights and national constitutional requirements in this case. The CJEU ruled that while implementing EU
legislation, national courts must interpret and apply it in accordance with the basic rights provided by
the EU Charter, emphasising the supremacy of EU fundamental rights over conflicting national law.

It is crucial to highlight that the CJEU's purpose in interpreting and enforcing basic rights is to ensure
their efficacy and protection within the EU legal framework, not to make policy decisions. The CJEU's
interpretation of basic rights seeks to achieve a compromise between protecting individual rights and
the EU's legislative goals.

The function of the CJEU does not supersede the EU institutions' legislative powers or the decision-
making power of Member States. Although the CJEU's decisions give advice on the application and
implementation of basic rights in specific instances, the EU legislative and Member States maintain
responsibilities for enacting laws and establishing policies.

In conclusion, while the CJEU plays an important role in the interpretation and application of EU basic
rights, it does not make substantive policy decisions that should be left to the EU legislative or Member
States. The role of the CJEU is to ensure the efficacy and protection of basic rights within the framework
of EU legislation, in conformity with the constitutional traditions shared by the Member States.