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(26)
Indeed, the issue of the Charter's legal status - i.e. whether to make it legally binding by incorporating it into the Treaty on EU has been raised even by the Cologne European Council, which originally launched the Charter initiative. The Convention drew up the draft Charter with a view to its possible incorporation, and the European Parliament voted in favor of incorporation. The Nice European Council also considers the question of the Charter's legal status during the general debate on the future of the European Union.
See Commission Communication, COM (2000) 644, 11 October 2000
See Art I-7 draft Constitution
The Council of Europe has already 44 member states in September 2002 and remains open to new members, on the condition of being democratic states.
CONV 354/02, WG II 16 p.7, Brussels, 22 October 2002
The Union regards the power of instruments of Council of Europe, but interpret them in EU context by the Court of Union.
Compare The Charter in the European context--Two systems working together for human rights, par 3. See http://europa.eu.int/comm/justice_home/unit/charte, according to the appointment of judge in ECtHR, they come from each member states, see the introduction of Council of Europe, www.coe.int
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