The EU and Human Rights
, p. 723.
r e g i o na l p r o t e c t i o n o f h u m a n r i g h t s
371
respect for human rights and fundamental freedoms, and the rule of law,
principles which are common to the Member States’, and provided that
the Union ‘shall respect fundamental rights as guaranteed by’ the Eu-
ropean Convention on Human Rights.
162
Member states violating these
principles in a ‘serious and persistent’ manner risk the suspension of cer-
tain of their rights deriving from the application of the Union Treaty.
163
In addition, candidate countries have to respect these principles to join
the Union.
164
The European Union adopted the Charter of Fundamen-
tal Rights in December 2000. This instrument, for example, notes the
principle of the equality before the law of all people,
165
prohibits dis-
crimination on any ground,
166
provides for a number of workers’ rights
and citizens’ rights, and requests the Union to protect cultural, reli-
gious and linguistic diversity. Quite what the legal status of this Char-
ter was
167
and how it related to the Strasbourg system were open ques-
tions.
168
However, Advocates-General of the European Court of Justice
have been referring to the Charter with great frequency as part of a
shared set of values within the Union,
169
as has the Court of First In-
stance
170
and more recently the European Court of Justice.
171
Further, the
Lisbon Treaty, 2007 (which is not as yet in force) provides for article 6
to be revised so that the Charter would have legally binding force
172
and
162
See the discussion by the European Court of Justice of these principles in the context of
the European Arrest Warrant, C-303/05,
Advocaten voor de Wereld
, Judgment of 3 May
2007. See A. Hinarejos, ‘Recent Human Rights Developments in the EU Courts’, 7
Human
Rights Law Review
, 2007, p. 793.
163
Article 7. See also the amendments introduced by the Nice Treaty, 2001.
164
Article 49. See also the Copenhagen Criteria 1993, including stable institutions guaran-
teeing democracy, the rule of law, human rights and the protection of minorities, EC
Bulletin 6-1993, I.13.
165
Article 20.
166
Article 21.
167
Note the official UK view that it is a political declaration and not legally binding, 365 HC
Deb., col. 614W, 27 March 2001; UKMIL, 72 BYIL, 2001, p. 564.
168
However, article 52(3) of the Charter specifies that any rights that ‘correspond’ to those
already articulated by the Human Rights Convention shall have the same meaning and
scope.
169
See e.g.
BECTU
[2001] ECR I-4881 and
Netherlands
v.
Parliament and Council
[2001]
ECR I-7079.
170
See e.g.
J´ego-Qu´er´e
v.
Commission
[2002] ECR II-2365.
171
See e.g.
European Parliament
v.
Council
[2006] ECR I-5769 and C-411/04 P,
Salzgitter
Mannesmann
v.
Commission
, Judgment of 25 January 2007.
172
Although a Protocol to the treaty provides that the Charter does not extend the ability of
the Court of Justice to find the law or practices of the UK and Poland to be inconsistent
with the Charter and that no new justiciable rights applicable to these states have been
created, and that a provision of the Charter referring to national laws and practices shall
372
i n t e r nat i o na l l aw
opens the way for the accession of the EU to the European Convention
on Human Rights.
The Union, more generally, seeks in some measure to pay regard to hu-
man rights as internationally defined, in its activities.
173
As noted above,
there appears now to be a formal policy, for example, to include a human
rights clause in co-operation agreements with third countries, which in-
corporates a provision for the suspension of the agreement in case of a
breach of the essential elements of the agreement in question, including
respect for human rights.
174
The European Parliament is also active in
consideration of human rights issues.
175
Do'stlaringiz bilan baham: |