Responsibilities of human and citizen in the European Union: sources, principles and their implementation by EU member states

Abstract

The article examines the legal regulation of human and civil responsibilities in the European Union. The works of constitutional scholars, scholars of EU law, sources of European Union law are analyzed. It is emphasized that the law of the European Union is based on the constitutional traditions of the EU member states and the EU law has an impact on the constitutional and legal regulation of human and civil responsibilities in the member states of the European Union. The range of sources that regulate the responsibilities of man and citizen in the European Union: 1) the founding treaties; 2) international (additional) EU agreements on human and civil rights and responsibilities with international organizations, states; 3) regulations, directives, recommendations and conclusions on human and civil rights and responsibilities issued by the Council of Ministers and the European Commission; 4) decisions, conclusions of the Court of Justice of the EU, principles developed by it. The range of sources of European Union law on the responsibilities of man and citizen in the European Union, which are mandatory for implementation by EU member states in national legislation: regulations, directives, decisions of the Council of Ministers and the European Commission. The features of the regulations on the rights and obligations of man and citizen of the European Union, the directive, the decision of the Council of Ministers and the European Commission have been established. Attention is drawn to the fact that if the regulations do not establish general rules - it can be reclassified as a “hidden decision”. It is argued that the sources of European Union law include those agreements on human rights and obligations with international organizations, agreements with other states, which: 1) concluded by the European Union as an independent subject of law; 2) ratified by all member states of the European Union. It is emphasized that those agreements on human and civil rights and obligations concluded by individual member states of the European Union with states that are not members of the European Union are recognized as sources of European Union law in exceptional cases.