欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution and Human Rights Protection in European
s incorporation of the Charter of Fundamental Rights into the Constitution. The Charter, in its three years’ life, has obtained appreciations from all around though it has not yet legal binding force. In order to analyze the effect of the Charter on the EU human rights system, we first examine at first the Charter itself, then based on the analyze of legal status of the Charter, we concentrate on the relationship of the Charter in the Constitution and ECHR as well as the possible two courts system could be occur.
3.1 the content of the Charter
The Charter was designed as a political and legal objective of EU while the EU has entered a more resolutely political phase of integration. As the European Commission stated in its Communication of September 2000: “The Charter is a major milestone for Europe
The Charter presents better practical protection for fundamental rights in the EU. Most of these rights are indicated in both the case law of the ECJ and Article 6 of the Treaty on European Union. However, with the reference of the Charter, it is anticipated, the EU citizens need neither to consult the case law of the ECJ nor to read the articles of the complex treaties, in which the provisions refer to yet again other sources such as the ECHR and the constitutional traditions of Member States, in order to get a clear consciousness of their rights. Indeed, the articles in the Charter are grouped explicitly around six fundamental values: dignity, freedoms, equality, solidarity, citizenship and justice. While most of the rights listed are granted to everyone, some certain rights are granted to specific groups of people: i.e. children, workers Union citizens , Citizens of the Union and nationals of non-member countries residing in the Union
As we have mentioned in point 2, the Charter could be regard as a syncretism by means of absorbing rights from broader recourses besides the ECHR. Thus the content of the Charter is broader than ECHR provides, while the ECHR is restricted only to civil and political rights. For example the Article II 8 in the Charter protection of personal data is derived from Article 286 EC Treaty; Directive 95/46/EC of the European Parliament and the Council; Article 8 ECHR; Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data; Article II 10 2. Paragraph 2 right to conscientious objection might be developed from national constitutional traditions ; more typical is Article II-18 right to asylum comes from both the Article 63 EC Treaty and Protocols relating to the United Kingdom and Ireland annexed to the Treaty of Amsterdam and to Denmark . The same cases we can cite in all places from the Charter, which reflects the nature loose relation between the Charter 《欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution and Human Rights Protection in European(第6页)》
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3.1 the content of the Charter
The Charter was designed as a political and legal objective of EU while the EU has entered a more resolutely political phase of integration. As the European Commission stated in its Communication of September 2000: “The Charter is a major milestone for Europe
as a political force, which is evolving into an integrated area of freedom, security and justice, simply as a consequence of citizenship. It is an indispensable instrument of political and moral legitimacy, both for the citizens of Europe in relation to politicians, administrations and national powers and for economic and social operators.” Besides, it was considered that the list of rights contained in the Charter offers a more precise definition of the common values that must be respected in a wider environmental entity by means of establishing a common language on fundamental rights in EU.
The Charter presents better practical protection for fundamental rights in the EU. Most of these rights are indicated in both the case law of the ECJ and Article 6 of the Treaty on European Union. However, with the reference of the Charter, it is anticipated, the EU citizens need neither to consult the case law of the ECJ nor to read the articles of the complex treaties, in which the provisions refer to yet again other sources such as the ECHR and the constitutional traditions of Member States, in order to get a clear consciousness of their rights. Indeed, the articles in the Charter are grouped explicitly around six fundamental values: dignity, freedoms, equality, solidarity, citizenship and justice. While most of the rights listed are granted to everyone, some certain rights are granted to specific groups of people: i.e. children, workers Union citizens , Citizens of the Union and nationals of non-member countries residing in the Union
As we have mentioned in point 2, the Charter could be regard as a syncretism by means of absorbing rights from broader recourses besides the ECHR. Thus the content of the Charter is broader than ECHR provides, while the ECHR is restricted only to civil and political rights. For example the Article II 8 in the Charter protection of personal data is derived from Article 286 EC Treaty; Directive 95/46/EC of the European Parliament and the Council; Article 8 ECHR; Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data; Article II 10 2. Paragraph 2 right to conscientious objection might be developed from national constitutional traditions ; more typical is Article II-18 right to asylum comes from both the Article 63 EC Treaty and Protocols relating to the United Kingdom and Ireland annexed to the Treaty of Amsterdam and to Denmark . The same cases we can cite in all places from the Charter, which reflects the nature loose relation between the Charter 《欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution and Human Rights Protection in European(第6页)》
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