The Right to Security in the Case Law of the Court of Justice of the European Union
doc. Dr. iur. Harald Christian Scheu, Mag. phil., Ph.D., Charles University Faculty of Law
This paper focuses on the impact of the case law of the Court of Justice of the EU on the concept of the right to personal security which is laid down in Article 5 of the European Convention on Human Rights and Article 6 of the EU Charter of Fundamental Rights. The interpretation of the right to personal security is unclear. In its judgment of February 2016, the CJEU indicated that Article 6 of the CFREU contains a subjective right to security. However, the CJEU did not specify the concept of an individual right to security. In this paper, we focus on defining security as an individual and collective right and on the relationship of the relevant case law of the CJEU and the ECtHR. We also address the question of whether the right to security can be understood as an absolute right.
Key words: right to security, EU Court of Justice, EU Charter of Fundamental Rights, European Convention on Human Rights.