The European Union’s Charter of Fundamental Rights: a Contribution to the European Integration, a Step towards the European Constitution or Just a Non-Binding Declaration of Human Rights? (original) (raw)
Related papers
2011
After a short presentation of the Charter of Fundamental Rights and its features, the paper is focused on the European Union"s accession to the European Convention of Human Rights. As part of the Treaty of Lisbon implementation, this process is not an easy one. The author intends to identify and raise questions on this process, and to emphasise some technical and procedural difficulties, by comparing the two main European human rights systems. Europe has to face many changes and challenges: the recent entry into force of the Treaty of Lisbon, the "new status" of the Charter of fundamental rights (as a legally binding instrument) and the beginning of the process of EU"s accession to the European Convention of Human Rights. This paper is intended to point out some aspects of this new era of the European construction.
The charter of fundamental rights of the European Union: Pandora’s box or panacea?
Managerial Law, 2003
Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein
PROTECTION OF FUNDAMENTAL RIGHTS IN THE EUROPEAN UNION: THE BINDING EU CHARTER
The paper analyses the fun- damental rights protection in the European Union after the Treaty of Lisbon entered into force. Namely, the European Union by enforcing the Treaty of Lisbon has adopted its own legally binding act- the EU Charter of Fundamental Rights that has the same legal value as the EU Treaties. The judicial activism of the European Court of Justice in Luxem- bourg, by resolving cases referring to fundamental rights protection and by that creating an extensive case law, has served as a basis for establish- ment of EU system for human rights protection. There are certain visible benefits of the adoption of the EU Charter, but the analyze of its practi- cal application shows that reaching more efficient implementation of the EU Charter is one of the challenges that still remain for the Union.
Fundamental Human Rights in the European Union
2014
The author of this paper examines the process of development of the fundamental rights protection in the European Union. Firstly, he applies the historical method by explaining how and why in the beginning the European Communities did not engage with fundamental rights. Later on, the development of the notion of human rights as part of the European Community law is exposed first in the case law of the Court of Justice, which was subsequently codified through Treaty reforms in the 1990s and 2000s. Likewise, stress is put on the research of the Charter of Fundamental Rights of the EU, its structure, place in the Union law and legal standing. In the end, the difficult process of the European Union’s accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms is explored, alongside with the European Court of Human Rights’ jurisprudence with regard to the European Union.
The European Union’s Charter of Fundamental Rights two years later
2012
Abstract: After the entry into force of the Lisbon Treaty, the European Union's Charter of Fundamental Rights has found a place among the formal sources of EU law, and has become a standard of review for the validity of EU acts. This article aims to analyze whether this momentous change is reflected in the judgments of the Court of Justice, and more precisely how the Luxembourg judges are dealing with this source.
THE EUROPEAN UNION CHARTER OF FUNDAMENTAL RIGHTS: STRENGTHENING THE PARTICIPATION IN THE EUROPEAN UNION, 2023
This study employed legal and political analysis to assess the significance of the European Union Charter of Fundamental Rights to strengthen the democratic legitimacy of the European Union. There is a lack of comprehensive analysis of the contribution of the European Union Charter of Fundamental Rights to enhance the democratic legitimacy of the European Union. Therefore, this study tried to address the gap by focusing on specific provisions of the Charter that are designed to promote participatory democracy and to foster a closer relationship between the citizens and the European Union. The study also explored the legal challenges and complexities surrounding the interpretation, application, and balance of fundamental rights in the European Union, especially considering recent verdicts of national constitutional courts and their implications for the role of the European Court of Justice. The study aims to identify potential benefits of the Charter, such as improving the relationship between the EU and its citizens and strengthening the European Union's legal system and legitimacy by safeguarding citizens' fundamental rights.
Human Rights in Europe: Commentary on the Charter of Fundamental Rights of the European Union
2010
Human rights in Europe : commentary on the Charter of Fundamental Rights of the European Union / William B.T. Mock, editor. p. cm. Includes bibliographical references. ISBN 978-1-59460-648-9 (alk. paper) 1. Charter of Fundamental Rights of the European Union (2000) 2. Civil rights-European Union countries. 3. Human rights-European Union countries. I. Mock, William B.T. II. Charter of Fundamental Rights of the European Union (2000) III. Title.