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


Community and Union: The Question of Competences, see http://www.oup.co.uk/pdf/0-19-829806-4.pdf
Including the European Social Charter, the European Committee for the Prevention of torture and Inhuman or Degrading Treatment or Punishment (CPT), the Framework Convention for the Protection of National Minorities etc. Details see www.coe.int
Compare Leslie Friedman Goldstein & Cornel Ban, The Rule of Law and the European Human Rights Regime, p4, see www.repositories.cdlib.org/cgi/
See Commission of the European Communities Brussels, 13.9.2000 COM (2000) 559 final
See Title V in Part II of the Constitution, which including right to take part in elections to the European Parliament and municipal elections, right to move and reside freely within the territory of the Member States and diplomatic and consular protection etc;
See above, including right of access to institution documents, right to refer cases to the Ombudsman and right to petition the European Parliament.
Compare http://europa.eu.int/comm/justice_home/unit/charte/
See www.eurotreaties.com/amsterdamprotocols.pdf
Compare J Weiler Does the European Union truly need a Charter of rights? At 1-2, 6 ELJ, editorial, 2000
Indeed, the issue of the Charter's legal status - i.e. whether to make it legally binding by incorporating it into the Treaty on EU has been raised even by the Cologne European Council, which originally launched the Charter initiative. The Convention drew up the draft Charter with a view to its possible incorporation, and the European Parliament voted in favor of incorporation. The Nice European Council also considers the question of the Charter's legal status during the general debate on the future of the European Union.
See Commission Communication, COM (2000) 644, 11 October 2000
See Art I-7 draft Constitution
The Council of Europe has already 44 member states in September 2002 and remains open to new members, on the condition of being democratic states.
CONV 354/02, WG II 16 p.7, Brussels, 22 October 2002
The Union regards the power of instruments of Council of Europe, but interpret them in EU context by the Court of Union.
Compare The Charter in the European context--Two systems working together for human rights, par 3. See http://europa.eu.int/comm/justice_home/unit/charte, according to the appointment of judge in ECtHR, they come from each member states, see the introduction of Council of Europe, www.coe.int
Compare Darcy S. B

《欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an(第16页)》
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