Growing Importance of the Charter of Fundamental Rights of the European Union in Safeguarding Human Rights

Poposka, Zaneta (2015) Growing Importance of the Charter of Fundamental Rights of the European Union in Safeguarding Human Rights. Зборник на научни трудови, Втора научна меѓународна конференција Општествени промени во глобалниот свет, 03-04 септ. 2015, Штип, 2. pp. 677-690. ISSN 978-608-244-267-9

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Abstract

The Charter of Fundamental Rights of the EU solemnly proclaimed at the Nice European Council in 2000 became binding primary EU legislation in 2009 with the entering into force of the Treaty of Lisbon. The Charter is modern codification and contains rights and freedoms under six titles: Dignity, Freedoms, Equality, Solidarity, Citizens' Rights, and Justice. The institutions and bodies of the EU with due regard for the principle of subsidiarity and the national authorities when they are implementing EU law, have a legal obligation to ensure respect for fundamental rights enshrined in the Charter. This paper explores the legal nature, structure, content and scope of application of the Charter. In addition, the paper elaborates the position of the Charter in the existing European Union law, specifically its applicability in front of the Court of Justice of the European Union and at national level in the Member States. Furthermore, the paper analyzes the interplay with other human rights instruments such as the European Convention on Human Rights and identifies the key challenges in that regard. Finally, the paper presents ways forward in increasing the importance of the Charter in safeguarding the fundamental rights, ensuring equality and combating discrimination through awareness-raising, including the Charterpedia, and the use of the Charter in national policy-making. The text uses reports and results from research and survey that have been conducted in the European Union and draws conclusions from the case law of the Court of Justice of the European Union.

Item Type: Article
Subjects: Social Sciences > Law
Social Sciences > Media and communications
Social Sciences > Political Science
Divisions: Faculty of Law
Depositing User: Zaneta Poposka
Date Deposited: 07 Oct 2016 08:01
Last Modified: 07 Oct 2016 08:01
URI: http://eprints.ugd.edu.mk/id/eprint/16383

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