Landmark EU & Human Rights cases

EU Treaty provisions can create directly enforceable individual rights in national courts.

EU Treaty provisions can create directly enforceable individual rights in national courts

EU law has supremacy over conflicting national law of Member States

EU law has supremacy over conflicting national law, even later national legislation

EU law has absolute supremacy over all national law, including constitutional provisions.

EU directives may have direct effect if sufficiently clear, precise and unconditional

Trading rules hindering intra-Community trade violate Article 34 TFEU

EU directives can have direct effect; free movement restrictions require present personal conduct threats

Article 6 includes implied right of access to courts, not just fair procedures.

Equal pay provisions in EU treaties have direct effect

European Court establishes 'margin of appreciation' for state restrictions on expression

Five interrogation techniques constituted inhuman treatment but not torture under Article 3.

National courts must immediately disapply conflicting national law to give effect to EU law.

European Court rules UK thalidomide injunction breached press freedom

Directives can be vertically directly effective against the State after deadline has passed

Member States cannot restrict imports meeting legitimate standards of another Member State

Discrimination against unmarried mothers and children violates Articles 8 and 14.

Mutual recognition principle: goods lawful in one state admitted to others

Criminalising private consensual homosexual conduct violates Article 8 right to private life.

EU directives have vertical direct effect against State entities but not horizontal effect.

EU directives have vertical but not horizontal direct effect against state emanations only.

Extradition to death row can violate Article 3 due to prolonged psychological suffering.

National courts must interpret national law consistently with EU directives wherever possible.

EU directives may be enforced against state entities and emanations of the state.

Press freedom restrictions must be proportionate and temporary to comply with Article 10 ECHR.

Member states liable to compensate individuals for damage from non-implementation of EU directives

Pre-HRA courts cannot directly apply European Convention rights in judicial review.

Member states are liable in damages for losses caused by failure to implement EU directives.

House of Lords confirms EU law supremacy over UK Acts of Parliament

Equal selling arrangements fall outside Article 34 TFEU scope

EU directives cannot create horizontal direct effect between private parties

Member States liable in damages for breaches of EU law under certain conditions

State liability extends to legislative acts where breach manifestly and gravely disregards EU law.

National security cannot justify deportation where real risk of torture exists.

European Court Rules UK Failed to Protect Family from Death Threats

ECHR rules UK military gay ban breached human rights

Transgender rights triumph as Europe rules UK must recognise gender reassignment

No human right to assisted suicide under European Convention

Courts cannot disapply primary legislation incompatible with Convention rights

Free movement rights may be limited by legitimate exercise of fundamental rights like protest

UK courts must mirror Strasbourg jurisprudence on Convention rights, not exceed it.

Member States may restrict free movement to protect fundamental values like human dignity.

Private life protection extends to public figures against unjustified media intrusion.

UK's blanket prisoner voting ban violates European human rights law

ECtHR rules UK's blanket DNA retention of innocent people breaches privacy rights

EU fundamental rights override UN Security Council obligations

Control orders must respect fair trial rights despite national security concerns

Member states may establish financial stability mechanisms outside EU framework