PROTECTION OF FUNDAMENTAL RIGHTS IN THE EUROPEAN UNION: THE BINDING EU CHARTER
Hristina RUNCHEVA
PROTECTION OF FUNDAMENTAL
RIGHTS IN THE EUROPEAN UNION:
THE BINDING EU CHARTER
Introduction
G
he concept of fundamental rights protection according to the modern political thought is considered as setting boundaries to the political power. The establishment of the European Union as a sui generis creation that goes beyond the boundaries of the traditional concept of the nation-state has created a new challenge: how to protect the fundamental rights in a community whose priorities are dominantly economic. The necessity to provide proper protection for the fundamental rights in the EU has gradually transformed the priorities from economic into political ones.
In the beginning the European Court of Justice had a key role to provide fundamental rights protection by its judicial activism because the
Founding Treaties did not contain any provisions on this issue. Later, as a result of the active role of the Court, the fundamental rights were declared as general principles of the EU law. By resolving
The author is a teaching assistant at the Faculty of
Law “Iustinianus Primus” and a PhD candidate in
Constitutional Law
224
Hristina RUNCHEVA
different cases, the ECJ has creates a catalogue of human rights that later was included in the EU Charter of Fundamental Rights.
The Charter of Fundamental Rights, although adopted at the Nice European Council in December 2000, it became legally binding for the first time when the Treaty of Lisbon entered into force in December 2009. The need to adopt its own, legally binding catalogue of fundamental rights of the European Union was doubtless. The enforcement of the Charter has resulted with benefits for the EU citizens. Today, the public interest for the
Charter is increasing, together with its practical application.
Pre-Lisbon Treaty Fundamental Rights Protection in the European Union: Judicial Activism
The European Union Treaties signed in the 1950’s did not
PROTECTION OF FUNDAMENTAL
RIGHTS IN THE EUROPEAN UNION:
THE BINDING EU CHARTER
Introduction
G
he concept of fundamental rights protection according to the modern political thought is considered as setting boundaries to the political power. The establishment of the European Union as a sui generis creation that goes beyond the boundaries of the traditional concept of the nation-state has created a new challenge: how to protect the fundamental rights in a community whose priorities are dominantly economic. The necessity to provide proper protection for the fundamental rights in the EU has gradually transformed the priorities from economic into political ones.
In the beginning the European Court of Justice had a key role to provide fundamental rights protection by its judicial activism because the
Founding Treaties did not contain any provisions on this issue. Later, as a result of the active role of the Court, the fundamental rights were declared as general principles of the EU law. By resolving
The author is a teaching assistant at the Faculty of
Law “Iustinianus Primus” and a PhD candidate in
Constitutional Law
224
Hristina RUNCHEVA
different cases, the ECJ has creates a catalogue of human rights that later was included in the EU Charter of Fundamental Rights.
The Charter of Fundamental Rights, although adopted at the Nice European Council in December 2000, it became legally binding for the first time when the Treaty of Lisbon entered into force in December 2009. The need to adopt its own, legally binding catalogue of fundamental rights of the European Union was doubtless. The enforcement of the Charter has resulted with benefits for the EU citizens. Today, the public interest for the
Charter is increasing, together with its practical application.
Pre-Lisbon Treaty Fundamental Rights Protection in the European Union: Judicial Activism
The European Union Treaties signed in the 1950’s did not
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