Charta základních práv Evropské unie

The European Union Charter of Fundamental Rights is a document which has attracted, in spite of its rather short history, a great interest. It is a first comprehensive bill of fundamental (human) rights adopted by the EU. On one hand, the Charter distinguishes itself from other international instruments by its original structure and large scope of declared rights, dividing into six chapters according to the underlying protected values. The Charter includes both “classic” human rights and freedoms, taken over from the European Convention of Human Rights, many “new” rights of economic and social nature, as well as the EU citizenship’s rights. On the other hand, the Charter still lacks a legally binding force. This should change by way of incorporation into the draft treaty establishing the constitution for Europe. Nevertheless, the Charter has some indirect effects already today. The present analysis has therefore focused rather on the scope of the Charter and the extent of the guaranteed rights. The main restriction arises from the fact that the Charter’s provisions are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity, and to the Member States only when they are implementing Union law. From the point of view of the scope of beneficiaries, the Charter makes difference between the rights of everyone (all persons), the rights of EU citizens and the rights of nationals of the third states. The Charter also provides for the scope ratione materiae of fundamental rights to the effect that nothing in the Charter shall be construed as limiting or derogating from the human rights and fundamental freedoms recognized by the EU law, international agreements (in particular the European Convention of Human Rights) and by the constitutions of the Member States. A diverse nature of rights in the Charter has as a consequence that some of them Jack direct effect and may be applied only within the framework of EC/EU legislation or national law. Implementation of the Charter can be done first of all by judicial way, which would need a solution of concurrent relations between the ECJ and the ECHR. Another way of control consists of monitoring the policy of the Member States, ensured by reports of the EU Network of Independent Experts in Fundamental Rights.