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(14)
As a result, then on the one hand the Charter made EU citizens better to understand the extent of their rights to defend against violations on human rights. So that they should be capable of referring to the Charter when they challenge any decision against their deserved fundamental rights taken by EU institutions or by Member States implementing EU law. On the other hand, the EU Institution should act on the Charter whenever they drew policies and settle disputes according to petition. As a logic consequence, the ECJ as judiciary part should also regard the Charter as a binding inter-institutional agreement. It was yet exactly the reality. Short after the proclamation of the Charter, the European courts published new case law established referred to the Charter. Until early 2002, the Advocates General of ECJ had referred to the Charter in 14 of the 23 cases they handled in relation to human rights .The Court of First Instance has also acted on the Charter. In a significant judgment of 3 May 2002 the Court even changed the rules governing individual access to the European courts, making reference to Article 47 of the Charter, which guarantees individuals whose rights are violated the right to an effective remedy before a tribunal.
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