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

e Charter will obtain accordingly legal binding force if all Member States could ratify the Constitution, then it shall strengthen the competence of the EU institutions on protecting human rights. A mechanism of human rights protection within EU scope will materialize with legal sources from member states and EU levels under the light of the Charter in the Constitution. Corresponding, a compatible judiciary system could outline progressively while the Courts of Union are capable of playing the major role in protection of human rights within EU region in a long run and as a counterpart of ECtHR based on the gradually complete mechanism in EU.

Just before I finish the essay, news came that the EU Constitution Summit failed in EU leaders meeting in Brussels, because Poland and Spain reluctant to accept newly weighted voting rights in the draft text, which would greatly weaken the influence of the two countries. Although the Irish government, which will takes ove

r the EU presidency in January 2004, has expressed concern over having the constitution debate spill over into its term, but since no major EU project has been pushed through within a single presidency’s six-month term before, a new round deal over the proposal of EU Constitution could be restart at least in the second half of 2004. It is a bad news but not certainly a dreadful thing as far as our topic is concerned, as we mentioned in this article, the form of a EU human rights protection system human rights protection will be only a question of time.

Literature:

1, Ralph Beddard, Human Rights and Europe, Cambridge university press, 1993
2, J.P. Gardner, Aspects of Incorporation of the European Convention of Human Rights into Domestic Law, The British Institute of International and Comparative Law, 1993
3, Fritz Fabricius, Human Rights and European Politics, Berg Publishers Ltd, 1992
4, Lammy Betten & Nicholas Grief, EU Law and Human Rights, Addison Wesle

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