欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an

pite lacking of sufficient relevant provisions in Treaties. Though the Court's fundamental rights jurisprudence was limited to guarantee that individuals are protected from violations of their fundamental rights resulting from acts of Union institutions, reviewing the case of individual against public institutions in member states was also inevitable in order to carry out the Union law. Such asserting would be more legitimate when two steps of judicial practice were carried out. Namely the ratification of a Union "bill of rights" and application of this "bill of rights" to the Member States. The two conditions however are expected to realize if the Constitution comes into force. Then, as the Commissioner António Vitorino believes, based upon a complementarily relation, The Charter will introduce a degree of healthy competition between the two main systems for protecting human rights on our continent, without introducing a schism between the European systems,” he argues. “The results of such competition can only be beneficial to stronger and better protection.” As I think, this is the ideal possibility. Nevertheless, even though, it will be a long-term, gradually progress, and the concrete view, lies still beyond our sight.

4 short conclusions

According to our discuss in this article, the draft Constitution contains a bill of rights for European Union through incorporation the Charter of Fundamental Rights, which provides a boarder and advanced fundamental rights for EU citizens. The Charter will obtain accordingly legal binding force if all Member States could ratify the Constitution, then it shall strengthen the competence of the EU institutions on protecting human rights. A mechanism of human rights protection within EU scope will materialize with legal sources from member states and EU levels under the light of the Charter in the Constitution. Corresponding, a compatible judiciary system could outline progressively while the Courts of Union are capable of playing the major role in protection of human rights within EU region in a long run and as a counterpart of ECtHR based on the gradually complete mechanism in EU.

Just before I finish the essay, news came that the EU Constitution Summit failed in EU leaders meeting in Brussels, because Poland and Spain reluctant to accept newly weighted voting rights in the draft text, which would greatly weaken the influence of the two countries. Although the Irish government, which will takes ove

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