A Charter of Rights for Europe
A Charter of Rights for Europe

Author(s): Ceri Hywel Jones, Mathew Heim, Cristina Pineda Polo
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Philosophy of Law
Published by: EPC European Policy Center
Summary/Abstract: The European Charter of Fundamental Rights is the first formal European Union (EU) document to bring together the values and the fundamental rights enjoyed by EU citizens. The issues raised by the Charter therefore go far beyond legal technicalities and are intrinsically linked with the question of what role the Union is expected to play in the lives of its citizens. The aim of this paper is to analyse these issues and suggest solutions to some of the problems which the Convention on the Future of Europe and the Member States are faced when considering the Charter, notably regarding the implications of incorporating the Charter within the treaties and Union’s accession to the European Convention on Human Rights (ECHR). // This Paper, therefore, covers a number of points relating to incorporation, such as the status of the Charter in a Constitutional Treaty, the question of redrafting and amendments to the Charter, the impact on EU competences and access to justice. Regarding the question of accession to the ECHR, points covered include the question of whether the Union or European Community should accede, the creation of a legal basis for accession, forms of accession, the impact on competences and autonomy of the Community legal order, as well as on Member States’ individual positions and the relationship between the EU and ECHR courts.

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