European Union Law

European Union Law

European Union Law

Introduction

The main purpose of this paper is to make an analysis on the recent upgrading of the European Character of Fundamental Rights 2000 in order to mark the final stage in a long transition. In order to discuss the validity of this statement, the paper makes analysis on the different European Union laws like the case law of European Court of Justice and the Treaty amendments. The paper also discusses the case of white vs. chief constable of South Lorea [1999] 2 A.C. 455.

Discussion

The recent upgrading of the European Character of Fundamental rights 2000 is with regards to make marking in the final stage in a long transition. The paper discusses the case law of the European Court of Justice.

Case Law of the European Court Of Justice

The Charter of Fundamental Rights of the European Union is the common European heritage of Fundamental Rights, and collected in a single text all the civil, political, economic and social rights of European citizens and all people living in the territory of the Union. The Charter does not grant new rights to European citizens, all the rights contained in it come from conventions, treaties or EU case law, though some are new in the sense of responding to concerns result from the development of science and society , such as new technology or biotechnology (bioethics, data protection). So why develop a new text on fundamental rights rests not on the need to add new rights but to make more visible and recognized and collect those derived from the Court of Justice of the European Community in the field (Avbelj, 2011, p. 12).Furthermore, it was also incorporated, along with the traditional civil and political rights, social rights and economic, in a single text, which had not yet in any international or European level. The Charter is also a step forward in the new phase of integration, which has a decidedly political vocation. It represents a fundamental instrument of political and moral legitimacy, expressing the essence of democratic European societies.

The Charter of Fundamental Rights proclaimed by the Council, Parliament and Commission during the European Summit in Nice (December 2000), it is framed in a broader context, consisting of the long tradition of the European Union on the protection human rights and fundamental freedoms and the policy on justice and home affairs. In this regard it is noteworthy articles 6, 7, 46 and 49 of the EU Treaty, as basic to safeguard fundamental rights. Moreover, the article 7 would suspend some of the rights that the Treaty gives Member States if any of them committed a serious and persistent violation of fundamental rights. The article 46 gives the Court of Justice jurisdiction to ensure that EU institutions respect these fundamental rights and finally the article 49 represents the condition to be a candidate for EU membership, respect for fundamental rights (Otto, 2011, p. 34).

Principal innovations of this Charter with respect to previous texts, we can highlight:

Collected in a single text, ...