○  欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an  ○

of the Charter in the Constitution, adhesion to the ECHR does not mean any change to the Union's powers as defined in the Constitution. The full incorporation of the Charter and adhesion are complementary rather than alternative steps, because the Charter does not function in competition with the ECHR. In this context Article II 52 of the draft Constitution makes clear, that the Charter respects the Convention, its protocols, and the case law developed by the European Court of Human Rights. The rule seems simple: the rights and liberties shared by the Convention and the Charter have the same meaning in both texts, even if the wording of the Charter is different, either in an attempt to update the Conventions text written in 1950 or to create a shorter and more readily comprehensible version.

However, it is all what the Charter and the draft Constitution seek? Most importantly, what highlights in the Charter such as respect for the principle of democracy, for human rights and fundamental freedoms is not a new pledge, but they why the Charter reaffirms explicitly and makes them perfectly, then upgrade them to constitutive rights? According to my view, the adhesion to ECHR seeks the minimum security of human rights, however there is no reason to allege that the interpretation respecting the Convention must be accurate for the EU, especially along with the growth o

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f the Council of Europe that many countries of East Europe attended including Russia. After all, the status of Council of Europe becoming more pan-European after a astonish increase of the members after collapse of the socialism block after 1990. The criteria of being a member of Council of Europe is distinct from those of join the EU. If the Council of Europe could reach common understanding consistent with the human rights issues through its mechanism such as the committee of ministers, and achieve the Convention’s aims as provide remedies suitable for all t

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