HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

autonomy. On the contrary, it reflects one of autonomy’s core principles – the right to determine how and when to exercise it. Regardless of the outcome regarding the EU’s accession to the ECHR, the Charter remains indispensable in guaranteeing fundamental human rights both in the creation and application of EU law. This is especially critical in sensitive areas such as potential derogations from national constitutional norms that protect human rights. In conclusion, after considering the EU’s potential accession to the ECHR, two fundamental questions persist: Is accession truly necessary, and will it enhance the level of protection provided, or is the effort ultimately unjustified? These questions remain open, warranting further debate and reflection. Conclusion In this article, I have explored the meaning and purpose of the Charter of Fundamental Rights of the EU, as well as its potential future. I have sought to demonstrate that the development of the Charter as a legal document embedded in EU primary law, binding and directly applicable, has been a long journey – though not a gradual one, as is often assumed. In fact, human rights could have become an integral part of the European community as early as the 1950s. Considering the practical significance of the Charter, I have assessed Article 51 and its effectiveness in defining the Charter’s scope, particularly in cases where national constitutional norms offering higher levels of human rights protection might be disregarded due to the primacy of European Union law. I have concluded that national law should prevail whenever it provides a higher standard of protection. The principle of ensuring a robust level of human rights protection should take precedence over the supremacy of EU law, not the other way around. I have considered the development of the case law of the CJEU, in which the Charter is frequently cited as the central source for judgments. Using the frequency of the Charter’s application by the CJEU as a benchmark, it seems clear to me that its mission has been fulfilled. The use of the Charter in CJEU practice has increased by an astounding 6573%. This growth not only signifies a strong affirmation of core values but also introduces a practical tool into the EU’s legal framework, enabling individuals and actors within the EU to invoke it when their rights are threatened, either by EU institutions or by Member States in the application of EU law. To address the question of whether the Charter represents the pinnacle of European human rights integration or if there is more to come, my answer is: it is the pinnacle for now. However, we await what the future holds, particularly with regard to the potential accession to the ECHR, which brings with it numerous legal challenges to be resolved. As I have outlined in this article, if we seek to elevate human rights protection within the EU to an even higher level, sacrifices will need to be made. Whether those sacrifices are worth making is a question each of us must answer

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