A European Fundamental Rights Ornament that turns into a European Fundamental Rights Order: The EU Charter of Fundamental Rights at its fifth birthday

Gabriel N. Toggenburg

No 4, Working Papers of the Vienna Institute for European integration research (EIF) from Institute for European integration research (EIF)

Abstract: The Charter of Fundamental Rights of the European Union is turning 5 years old. The EU’s human rights bill was adopted back in 2000 but entered into force only in December 2009. 5 years later it appears timely to take a look at the Charter and, starting from an analysis of its character, examine the effects it has had on the European Union over the years. The Charter’s character is here depicted as both conservative and innovative. It is argued that the Charter indeed made a difference in the EU landscape and influenced the way how EU institutions look at fundamental rights. Furthermore, the Charter also plays a role at national level which is exemplified through a look at its use by national courts. The author depicts the Charter as an instrument of multilevel governance as the Charter can inspire the political process even outside areas where EU law as such applies. In that sense the Charter is not only a ’Charter of Rights’ but also a ‘Charter of values’. This makes the Charter a relevant instrument not only in the context of an eventual creation of an EU internal strategic framework for the protection and promotion of fundamental rights but also in the context of the rule of law mechanism.

Keywords: political science; charter of fundamental rights; human rights; european union (search for similar items in EconPapers)
Date: 2014-12-15
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