EU external action carried out in cooperation with the UN/NATO in terms of cris

 EU external action carried out in cooperation with the UN/NATO in terms of crisis management

It has always been the position of the European Union that its obligations in the domain of human rights are drawn from its own internal legal system. According to this narrow interpretation, the EU is simply bound to refrain from violating human rights while acting (i.e., a negative requirement to respect human rights), and effectively only to respect the rights mentioned in the European Convention on Human Rights.

Due to its status as an intergovernmental organisation relating to international law, the EU is destined by customary international law, treaties to which it is a party, and human rights treaties that have been entered into individually by Member States in accordance with the principle of succession or substitution. This would extend the scope of relevant rights well beyond those set down in the European Convention on Human Rights to encompass duties under other international treaties, such as the United Nations Convention on the Rights of the Child. Moreover, it indicates that the EU must not only avoid from infringing on human rights but must also take proactive actions to preserve and fulfil human rights within its fields of jurisdiction.

When exercising its powers, the EU is expected to comply with human rights obligations, and the European Court of Justice (ECJ) oversees compliance insofar as the EU operates through the Community. Article 6 of the Treaty on European Union is regarded to come from the EU's internal legal order, first through the European Court of Justice's "general principles," and then through the EU's internal legal order (TEU). In spite of the fact that Member States' obligations to respect human rights were based on domestic law and treaties to which they were parties, most notably the European Convention on Human Rights 1950 (ECHR), the European Court of Justice (ECJ) decided that the Community's obligation to respect human rights should be based on the Community legal order.

It is primarily the European Convention on Human Rights and the extent to which its provisions are incorporated into the EU's internal legal order (via "general principles of law" and Article 6 TEU) as well as the legal significance of the Charter of Fundamental Rights22 that are discussed, rather than any obligations that may be imposed on the EU directly under international law.

In addition to obligations drawn from its internal constitution, an intergovernmental organisation (IGO) may also have obligations derived from international law generally. It does not matter whether or not the European Court of Justice (ECJ) relies on international human rights law as a source of human rights responsibilities; the EU, as an international organisation, is subject to international law. In the rulings of international judicial authorities and the writings of international lawyers, it is commonly agreed that international non-governmental organisations (IGOs) are subject to the rules of international law.