欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an
ghts .The Court of First Instance has also acted on the Charter. In a significant judgment of 3 May 2002 the Court even changed the rules governing individual access to the European courts, making reference to Article 47 of the Charter, which guarantees individuals whose rights are violated the right to an effective remedy before a tribunal.
In any case it is obvious from above discuss, though the declaratory character of the Charter does not have legal binding as far as the legislative status of the Charter is concerned, it has already unchallengeable impact. So the incorporation of the Charter is only a question of time and method. Now as the Charter enshrined in the Constitution, it become directly binding if the draft Constitution come into force after ratified by member states.
3.3 the difference from the Convention
The Union had currently no competence to adhere to the ECHR, while this competence is explicitly provided for in the draft Constitution, which stipulates that the Union will endeavor to adhere to the ECHR . It was declared, that as for the incorporation of the Charter in the Constitution, adhesion to the ECHR does not mean any change to the Union's powers as defined in the Constitution. The full incorporation of the Charter and adhesion are complementary rather than alternative steps, because the Charter does not function in competition with the ECHR. In this context Article II 52 of the draft Constitution makes clear, that the Charter respects the Convention, its protocols, and the case law developed by the European Court of Human Rights. The rule seems simple: the rights and liberties shared by the Convention and the Charter have the same meaning in both texts, even if the wording of the Charter is different, either in an attempt to update the Conventions text written in 1950 or to create a shorter and more readily comprehensible version.
However, it is all what the Charter and the draft Constitution seek? Most importantly, what highlights in the Charter such as respect for the principle of democracy, for human rights and fundamental freedoms is not a new pledge, but they why the Charter reaffirms explicitly and makes them perfectly, then upgrade them to constitutive rights? According to my view, the adhesion to ECHR seeks the minimum security of human rights, however there is no reason to allege that the interpretation respecting the Convention must be accurate for the EU, especially along with the growth o 《欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an(第10页)》
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In any case it is obvious from above discuss, though the declaratory character of the Charter does not have legal binding as far as the legislative status of the Charter is concerned, it has already unchallengeable impact. So the incorporation of the Charter is only a question of time and method. Now as the Charter enshrined in the Constitution, it become directly binding if the draft Constitution come into force after ratified by member states.
3.3 the difference from the Convention
The Union had currently no competence to adhere to the ECHR, while this competence is explicitly provided for in the draft Constitution, which stipulates that the Union will endeavor to adhere to the ECHR . It was declared, that as for the incorporation of the Charter in the Constitution, adhesion to the ECHR does not mean any change to the Union's powers as defined in the Constitution. The full incorporation of the Charter and adhesion are complementary rather than alternative steps, because the Charter does not function in competition with the ECHR. In this context Article II 52 of the draft Constitution makes clear, that the Charter respects the Convention, its protocols, and the case law developed by the European Court of Human Rights. The rule seems simple: the rights and liberties shared by the Convention and the Charter have the same meaning in both texts, even if the wording of the Charter is different, either in an attempt to update the Conventions text written in 1950 or to create a shorter and more readily comprehensible version.
However, it is all what the Charter and the draft Constitution seek? Most importantly, what highlights in the Charter such as respect for the principle of democracy, for human rights and fundamental freedoms is not a new pledge, but they why the Charter reaffirms explicitly and makes them perfectly, then upgrade them to constitutive rights? According to my view, the adhesion to ECHR seeks the minimum security of human rights, however there is no reason to allege that the interpretation respecting the Convention must be accurate for the EU, especially along with the growth o 《欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an(第10页)》
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