HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

until August 10, 2024, there were approximately 3 937 20 cases in which the CJEU relied on the Charter as a basis for its judgments. If we compare this engagement with the figures emerging from de Búrca’s research on the frequency of Charter use between 2000, when it was adopted, and 2009, when it became binding EU law under the Lisbon Treaty, the difference is striking. De Búrca’s research indicates that the Charter was referenced in only 59 judgements 21 before it became legally binding. She also points out that many of these references were mere passing mentions, with decisions not fundamentally hinged on the Charter itself. Considering the 3,937 cases involving the Charter between December 1, 2009, and August 10, 2024, this represents an exponential increase in its utilization post Lisbon Treaty, a marked jump of approximately 6 573 %. This dramatic rise not only signifies the Charter’s growing integral role in the EU’s legal landscape but also attests to its enhanced enforceability and the courts’ increased reliance on it for judgments. The incorporation of the Charter into EU primary law has been of significant practical importance, providing a solid legal foundation for judicial decision-making. When the Charter was merely a non-binding declaration, the CJEU seldom invoked it because it did not serve as an authoritative source of legal norms. Non-binding sources cannot be relied upon by courts to inform their ruling. At the time when human rights were protected at the EU level solely as general legal principles or through the Charter as a non-binding declaration, the practical protection of these rights was insufficient. Consequently, the opportunity to invoke human rights protection at the CJEU based on these principles was limited. Given the substantial increase in court decisions that now use the Charter as a legal basis for judgments, it is evident that the Charter is not merely symbolic, nor is it just a document “for show”. Instead, it is a practical and effective instrument for enhancing human rights protection within the European Union. 2. Discussion on the Future of the Charter in the Context of the Accession to the ECHR I consider the question of the EU’s accession to the ECHR to be the most significant factor for the future of the Charter. In my view, the Charter holds irreplaceable importance for European law, as I have already noted. However, in the future, the EU’s accession to the ECHR is proposed as a means of providing even greater protection for human rights. One of the primary reasons for this is the limited scope of the Charter’s application, which is confined to situations where EU law is 20 I arrived at this figure by purely personal research through the CJEU’s database of court decisions. It is possible that the figure may not be entirely accurate. 21 DE BÚRCA, G. After the EU Charter of Fundamental Rights: The Court of Justice as a Human Rights Adjudicator? Maastricht Journal of European and Comparative Law [online] . 2013, 20 (2), p. 170. Available at: https://doi.org/10.1177/1023263X1302000202.

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