Some thoughts on (non) binding legal character of the Charter of Fundamentals Rights of the European Union Cover Image

ZAMYŠLENÍ SE NAD PRÁVNÍ (NE)ZÁVAZNOSTÍ LISTINY ZÁKLADNÍCH PRÁV EVROPSKÉ UNIE
Some thoughts on (non) binding legal character of the Charter of Fundamentals Rights of the European Union

Author(s): Ondrej Hamuľák
Subject(s): Law, Constitution, Jurisprudence
Published by: Právnická fakulta Univerzity Palackého v Olomouci
Keywords: Lisabonská smlouva; Listina základních práv Evropské unie; závaznost Listiny EU- obsah Listiny EU; aplikace a vymahatelnost Listiny EU; výklad Listiny EU

Summary/Abstract: The EU Charter presents the document connected with a multitude of contradictions and unclear points. On the one hand big enthusiasm is rising in connection with this project because it is the outcome and result of democratization efforts within the EC/EU and because its content means the most modern and complex catalogue of human rights in the world. On the other hand this project is limping behind the proclamations and its ambition to become a legally binding source of law. Its deficiency includes not only the problems with the process of its transformation to the legally binding source of EU law but (and that point is much more important) also the problems with material law, content and enforcement of the human rights contained therein. The goal of this contribution is not to solve all abovementioned problems and to give clear and final solutions. The author principally would like to point out to some of the defects and ambiguities (e.g. cross reference on the Charter in the draft of the new TEU, the scope and character of the “principles”, which were included into the Charter, the question of the enforcement of the Charter etc.) and to commence a discussion on these topics, which is now essential for a better understanding of the EU human rights project.

  • Issue Year: 2/2008
  • Issue No: SUPPL.
  • Page Range: 91-102
  • Page Count: 12
  • Language: Czech