CADRUL JURIDIC PENTRU RESPECTAREA DREPTURILOR FUNDAMENTALE ALE CETĂŢENILOR UE
THE JURIDICAL FRAMEWORK ENSURING THE RESPECT OF FUNDAMENTAL RIGHTS FOR THE CITIZENS OF THE EUROPEAN UNION

Summary/Abstract: In this article we wish to discuss the way in which the principle of protecting Human Right is reflected in the European institutional dynamics. Given the common tradition of the European states, human rights can be seen as having a constitutional nature. In this context, we will analyze the provisions of the European Convention for Human Rights and the subset of provisions grounding the Union’s attributions in strengthening human rights law. Conversely, we will underline that the European model is based on a system fostering a more harmonious relationship between the state and individuals, under the same jurisdiction. Moreover, given the role played by the European models in offering insight for the development of new regional instruments, the European initiative adds value in the specific initiative for granting the maximum protection for individuals. The approach adopted here departs from a more comparative methodology, to finally provide a fully integrated or trans-systemic analysis of human rights instruments in Europe, as an essential condition of freedom and justice. Finally, the meaningful interaction between the experience of the European Convention for Human Rights and the institutional system developed by the European Union as a cohesive body calls for a closer examination.

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