○ 欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an ○
Commission stated in its Communication of September 2000: “The Charter is a major milestone for Europe as a political force, which is evolving into an integrated area of freedom, security and justice, simply as a consequence of citizenship. It is an indispensable instrument of political and moral legitimacy, both for the citizens of Europe in relation to politicians, administrations and national powers and for economic and social operators.” Besides, it was considered that the list of rights contained in the Charter offers a more precise definition of the common values that must be respected in a wider environmental entity by means of establishing a common language on fundamental rights in EU.
The Charter presents better practical protection for fundamental rights in the EU. Most of these rights are indicated in both the case law of the ECJ and Article 6 of the Treaty on European Union. However, with the reference of the Charter, it is anticipated, the EU citizens need neither to consult the case law of the ECJ nor to read the articles of the complex treaties, in which the provisions refer to yet again other sources such as the ECHR and the constitutional traditions of Member States, in order to get a clear consciousness of their rights. Indeed, the articles in the Charter are grouped explicitly around six fundamental values: dignity, freedoms, equality, solidarity, citizenship and justice. While most of the rights listed are granted to everyone, some certain rights are granted to specific groups of people: i.e. children, workers Union citizens , Citizens of the Union and nationals of non-member countries residing in the Union
As we have mentioned in point 2, the Charter could be regard as a syncretism by means of absorbing rights from broader recourses besides the ECHR. Thus the content of the Charter is broader than ECHR provides, while the ECHR is restricted only to civil and political rights. For example the Article II 8 in the Charter protectio
The Charter presents better practical protection for fundamental rights in the EU. Most of these rights are indicated in both the case law of the ECJ and Article 6 of the Treaty on European Union. However, with the reference of the Charter, it is anticipated, the EU citizens need neither to consult the case law of the ECJ nor to read the articles of the complex treaties, in which the provisions refer to yet again other sources such as the ECHR and the constitutional traditions of Member States, in order to get a clear consciousness of their rights. Indeed, the articles in the Charter are grouped explicitly around six fundamental values: dignity, freedoms, equality, solidarity, citizenship and justice. While most of the rights listed are granted to everyone, some certain rights are granted to specific groups of people: i.e. children, workers Union citizens , Citizens of the Union and nationals of non-member countries residing in the Union
As we have mentioned in point 2, the Charter could be regard as a syncretism by means of absorbing rights from broader recourses besides the ECHR. Thus the content of the Charter is broader than ECHR provides, while the ECHR is restricted only to civil and political rights. For example the Article II 8 in the Charter protectio
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