Ricardo Alonso Garcia
The General Provisions of the Charter
of Fundamental Rights of the European Union
The Charter of Fundamental Rights of
the European Union provides the Union with a "more evident" (as the European
Council of Cologne asked for) framework of protection of the individuals before
the public authorities within the European context, after more than thirty
years (since the Stauder Case) of full confidence in the leading role played by
the jurisprudence of the Court of Justice of the European Communities.
This new normative catalogue of
fundamental rights (included the so called "aspirational fundamental rights")
implies one more instrument of protection which has to find its own place with
regard to the protection afforded by the national Constitutions and the
international agreements on human rights, particularly the European Convention
on Human Rights, which already are a privileged source of inspiration for Court
of Justice of the European Communities.
It is the main objective of the
General Provisions of the Charter to clarify which is that place and the
relationship with those other levels of protection as managed by their supreme
interpreters (i.e., the Constitutional -or Supreme- Courts of the Member States
of the Union and the European Court of Human Rights).
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