La Convention européenne des droits de l’homme, la Charte des droits fondamentaux de l’Union européenne et la problématique de l’adhésion de l’Union européenne à la Convention

Jean-Paul Costa

No 5, EUI-LAW Working Papers from European University Institute (EUI), Department of Law

Abstract: There have been for fifty years two Europes: the Europe of the Council of Europe and the Europe of the European Union. Both organisations have grown, but their membership remains different. Both have developed international instruments for protecting Human Rights: on the one hand, the European Convention on Human Rights (the Convention) with the European Court of Human Rights (ECHR); on the other hand, the European Court of Justice (ECJ), whose case-law also protects fundamental rights, and which in a near future will bind itself to the Charter of Fundamental Rights of the European Union (the Charter). The Charter is included within the "European Constitution" (adopted in principle by the Heads of States and Government June 2004).The paper first gives an analysis Convention Court Human Rights' case-law. That case-law has considerably developed quantity influence raised standards protection "wider" Europe. then explains type fundamental provided Justice: even if Treaties only started to put emphasis on such with Maastricht Amsterdam Treaties, Justice had previously a creative case-law, which it asserted place as principles Community law, prevailed over domestic law member States, referring this connection both common constitutional traditions those Convention, interpreted Rights.'s judgments occasions, quote' judgments. next examines contribution be Charter, codifies judge-made extends area including certain economic social well "new" rights, bioethical principles, data protection, consumers or child. Finally, deals issues relating accession Union Convention. is foreseeable, more so because laid down (Article 7). Some problems, however, remain, date future accession, its consequences terms number applications may brought against (or organs) before risk increased complexity. particular, fact receives individual directly whilst competence mainly through requests for preliminary rulings (renvoi prejudiciel) courts create difficult problems; instance, what would happen applicant challenges judgment finds procedural violation Convention? How should national asked advice react situation? sum, construction obeys theory "parallel convergences Europes are growing (they have now 45 25 respectively); ensure very effectively, thanks Luxembourg Strasbourg Courts. process will continue, not absolutely clear.

Keywords: EU Charter of Fundamental Rights; fundamental/human rights; European law; European Convention (search for similar items in EconPapers)
Date: 2004-05-01
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