HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

right direction or whether we should consider pausing, taking a few steps back, and starting anew. 1. Charter just for the Show or a Useful Tool? Compared to the founding treaties of the EU, the Charter is relatively young, celebrating 25 years of existence this year. However, the idea of deeper integration of human rights at the European level predates the Charter itself. Historical discussions about human rights during the early development of the European Community often reference what is termed “the silence of the founding treaties in the 1950s”. 3 The three founding treaties 4 notably make no mention of human rights, nor do they suggest that the European Community should pursue deeper integration in the future. This omission highlights the evolving nature of the EU’s commitment to human rights, ultimately culminating in the later establishment of the Charter. Nonetheless, scholar De Búrca offers an intriguing perspective, suggesting that human rights concerns predated the treaties, particularly within the framework of the nascent European Political Community in the early 1950s. 5 According to De Búrca, the greatest support for a strong supranational human rights regime was present during this period, although it diminished after the collapse of the European Political Community, following France’s failure to ratify the European Defence Community Treaty in 1954. 6 This shift was influenced by a growing emphasis on national sovereignty and identity over supranational cooperation. In my opinion, the exclusion of human rights from the founding treaties was politically unfortunate, especially given that earlier documents emphasized their importance for potential integration. I view the Charter as a significant milestone in the process of European integration. Its incorporation into primary law through the Treaty of Lisbon 7 signifies a shift from an economic community to one centred on strong shared values. However, it is crucial to remember that the provisions of the Charter do not extend the Union’s competences as defined by the Treaties. The Charter applies only within the scope of EU law and cannot be directly invoked to address violations of individual rights without reference to EU law. 3 DE BÚRCA, G. The Road Not Taken: The EU as a Global Human Rights Actor. American Journal of International Law [online] . 2011, Vol 105., p. 1. Available at: https://ssrn.com/abstract=1705690. 4 The European Coal and Steel Community Treaty in 1952 (now expired), the European Economic Community Treaty and the Atomic Energy Community Treaty in 1957. 5 DE BÚRCA, G. The Road Not Taken: The EU as a Global Human Rights Actor., p. 2. 6 DE BÚRCA, G. The Road Not Taken: The EU as a Global Human Rights Actor, p. 4, 17. 7 Article 6(1) of the Treaty on European Union: “The Union recognizes the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union… which shall have the same legal value as the Treaties”, Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon, 13 December 2007, Available at: https://eur-lex.europa.eu/eli/ treaty/lis/sign/eng

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