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

ty in case the applicant regards he is personally and directly the victim of a breach of one or more f these fundamental rights by one of the States when all domestic remedies has been exhausted. Alike, for several decades, the ECJ has also played an important role in ensuring the protection of fundamental rights inside the Union legal order, by developing a method for the review of performances of the Union institutions for human rights violations, des

pite lacking of sufficient relevant provisions in Treaties. Though the Court's fundamental rights jurisprudence was limited to guarantee that individuals are protected from violations of their fundamental rights resulting from acts of Union institutions, reviewing the case of individual against public institutions in member states was also inevitable in order to carry out the Union law. Such asserting would be more legitimate when two steps of judicial practice were carried out. Namely the ratification of a Union "bill of rights" and application of this "bill of rights" to the Member States. The two conditions however are expected to realize if the Constitution comes into force. Then, as the Commissioner António Vitorino believes, based upon a complementarily relation, The Charter will introduce a degree of healthy competition between the two main systems for protecting human rights on our continent, without introducing a schism between the European systems,” he argues. “The results of such competition can only be beneficial to stronger and better protection.” As I think, this is the ideal possibility. Nevertheless, even though, it will be a long-term, gradually progress, and the concrete view, lies still beyond our sight.

4 short conclusions

According to our discuss in this article, the draft Constitution contains a bill of rights for European Union through incorporation the Charter of Fundamental Rights, which provides a boarder and advanced fundamental rights for EU citizens. Th

 << 上一页  [11] [12] [13] [14] [15] [16] [17] [18] [19] [20]  ... 下一页  >>