EU's Commitment to Safeguarding Basic Freedoms
The European Union (EU) has taken a significant step towards strengthening its commitment to human rights and the rule of law with the resumption of negotiations for its accession to the European Convention on Human Rights (ECHR). This development, which took place during the German Presidency of the Council of the European Union in 2020, comes after initial delays in the accession process due to the European Court of Justice finding the draft accession agreement not to be in line with Union law.
The EU's accession to the ECHR would provide an additional layer of human rights protection within the Union. This is particularly important as the rights and freedoms of the European Convention on Human Rights are already part of the general principles of Union law, but accession would allow complaints against the Union itself to be brought before the European Court of Human Rights (ECtHR).
The Charter of Fundamental Rights of the European Union, first proclaimed by the European Council on 7 December 2000, forms the backbone of the EU's human rights protection. The Charter became legally binding with the Treaty of Lisbon in 2009. The Charter includes rights that are specific to the European Union, such as the right to petition the European Parliament, and it binds the institutions, bodies, and other organs of the European Union, as well as the Member States in the implementation of Union law.
The Union's accession to the ECHR must ensure that its unique characteristics and legal framework are preserved. The European Court of Justice issued an opinion on the draft accession agreement, which highlighted the complex legal requirements for the Union's accession. The Union must commit to acceding to the ECHR while ensuring that the particular features of the Union and Union law are preserved, and its institutions' competences and powers remain unaffected.
Institutions supporting the EU government in implementing fundamental rights related to the Union include the European Commission, the Court of Justice of the European Union for legal compliance, specialized European central authorities that coordinate specific sectors (e.g., judicial cooperation, social security, tax law), and the European Ombudsman who addresses bureaucratic misuse and guarantees access to EU documents and transparency. The European Union Agency for Fundamental Rights, established in 2007, tasks include collecting and analyzing reliable data on fundamental rights, drafting opinions and providing expertise, and promoting dialogue with civil society on fundamental rights issues.
The right to physical integrity in the Charter is differentiated with regard to issues such as the prohibition of reproductive cloning. Challenges such as the protection of personal data and environmental and consumer protection are reflected in the Charter. The protection of fundamental rights by the Charter complements national fundamental rights protection in Member States, such as Germany, which supports the Union's immediate accession to the ECHR.
The Union's accession to the ECHR is a significant step towards strengthening its commitment to human rights and the rule of law. It will ensure that the EU lives up to its values and principles, providing a robust framework for the protection of human rights within its borders. The resumption of negotiations is a positive development, and it is hoped that the EU will soon take this important step towards further enhancing its human rights protection.
Read also:
- United States tariffs pose a threat to India, necessitating the recruitment of adept negotiators or strategists, similar to those who had influenced Trump's decisions.
- Weekly happenings in the German Federal Parliament (Bundestag)
- Southwest region's most popular posts, accompanied by an inquiry:
- Discussion between Putin and Trump in Alaska could potentially overshadow Ukraine's concerns
