HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

CHARTER OF FUNDAMENTAL RIGHTS OF THE EU: A LANDMARK OR THE PEAK IN HUMAN RIGHTS

PROTECTION? Markéta Macáková

Abstract The aim of this article is to explore the meaning and significance of the Charter of Fundamental Rights of the European Union within the context of European integration, as well as to provide insights into its future role. The analysis begins by examining whether the Charter serves merely a symbolic function or holds genuine practical importance. The discussion then shifts to potential future developments, particularly regarding the EU’s commitment to accede to the European Convention on Human Rights. Overall, the article aims to assess the Charter’s contribution to strengthening human rights and its potential trajectory in shaping the legal landscape of the EU. Introduction Today, it is well-known that the EU, as a sui generis international community, openly declares its commitment to protecting fundamental human rights and freedoms – one of its most important principles. 1 However, it is interesting to look back and recognize that this was not always the case. The original concept behind the European Communities was not centred on integrating common values, such as human rights, but rather on economic cooperation. 2 Member States emphasized retaining as much sovereignty as possible, ensuring that membership in the grouping would not interfere with their national affairs beyond the economic sphere. Consequently, there is no mention of human rights in the founding treaties of the 1950s. So, what has changed? Is the Charter truly the pinnacle of European integration in the protection of human rights, or can we go further? What impact has the Charter had during its lifetime – and do we even need it, considering that human rights are a guiding principle of the Union and EU Member States are also signatories to the ECHR? Finally, what can we expect for the future? These questions, among others, are what I will explore in my article. I believe it is time to reflect on the development of European integration in the field of human rights protection and critically assess whether, as a community, we have moved in the 1 The official website of the EU. Available at: https://european-union.europa.eu/principles-countries history/principles-and-values/aims-and-values_en. 2 SVIATUN, O. Protection of the Human Rights in the European Union. In: Rainer Arnold (ed.). The Convergence of the Fundamental Rights Protection in Europe. 2016, p. 186.

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