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欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution and Human Rights Protection in European/周大勇(11)

3 the draft Constitution with the incorporated Charter

One of the most outstanding accomplishments of the draft Constitution is incorporation of the Charter of Fundamental Rights into the Constitution. The Charter, in its three years’ life, has obtained appreciations from all around though it has not yet legal binding force. In order to analyze the effect of the Charter on the EU human rights system, we first examine at first the Charter itself, then based on the analyze of legal status of the Charter, we concentrate on the relationship of the Charter in the Constitution and ECHR as well as the possible two courts system could be occur.

3.1 the content of the Charter
The Charter was designed as a political and legal objective of EU while the EU has entered a more resolutely political phase of integration. As the European Commission stated in its Communication of September 2000: “The Charter is a major milestone for Europe as a political force, which is evolving into an integrated area of freedom, security and justice, simply as a consequence of citizenship. It is an indispensable instrument of political and moral legitimacy, both for the citizens of Europe in relation to politicians, administrations and national powers and for economic and social operators.” Besides, it was considered that the list of rights contained in the Charter offers a more precise definition of the common values that must be respected in a wider environmental entity by means of establishing a common language on fundamental rights in EU.


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