Respect for Human Rights as a General Principle of EU External Relations Law: Between De Jure Obligations and De Facto Standards

Respect for fundamental rights constitutes a general principle of EU law, which the EU is bound by not only in its internal action but also when it acts on the international plane. This follows from various provisions of the TEU and TFEU, as well as from the Charter of Fundamental Rights of the EU. Nonetheless, the CJEU shows itself to be oftentimes deferential towards fundamental rights issues in the EU’s external action. Even though the EU remains fully bound by its fundamental rights obligations, a more deferential scrutiny by the CJEU allows the EU increased leeway in this respect. While not always the case, this bears the risk of creating a gap between the de jure and de facto fundamental rights obligations of the EU in its external action. This article examines this tension and aims to assess how the increased discretion of the EU institutions may nonetheless be reconciled with the limits imposed by its fundamental rights obligations.

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Publication Details

Journal
Università degli Studi di Roma “Unitelma Sapienza”
Published
2026-06-09
DOI
https://doi.org/10.15166/2499-8249/890
Primary Topic
European Union Policy and Governance
Type
article
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article

Respect for Human Rights as a General Principle of EU External Relations Law: Between De Jure Obligations and De Facto Standards

Jarne De Geyter
Università degli Studi di Roma “Unitelma Sapienza”
European Union Policy and Governance
article

Respect for Human Rights as a General Principle of EU External Relations Law: Between De Jure Obligations and De Facto Standards

Jarne De Geyter
article en

Abstract

Respect for fundamental rights constitutes a general principle of EU law, which the EU is bound by not only in its internal action but also when it acts on the international plane. This follows from various provisions of the TEU and TFEU, as well as from the Charter of Fundamental Rights of the EU. Nonetheless, the CJEU shows itself to be oftentimes deferential towards fundamental rights issues in the EU’s external action. Even though the EU remains fully bound by its fundamental rights obligations, a more deferential scrutiny by the CJEU allows the EU increased leeway in this respect. While not always the case, this bears the risk of creating a gap between the de jure and de facto fundamental rights obligations of the EU in its external action. This article examines this tension and aims to assess how the increased discretion of the EU institutions may nonetheless be reconciled with the limits imposed by its fundamental rights obligations.

Università degli Studi di Roma “Unitelma Sapienza”
HOGENT University of Applied Sciences and Arts (BE)
Peace, Justice and strong institutions
Openalex Percentile: Top 3%
European Union Policy and Governance
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Respect for Human Rights as a General Principle of EU External Relations Law: Between De Jure Obligations and De Facto Standards — Jarne De Geyter · Università degli Studi di Roma “Unitelma Sapienza” (2026) | TGRS Research Map | TGRS