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The Charter of Fundamental Rights

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  • 14-07-2009 7:38am
    #1
    Daftendirekt
    Closed Accounts Posts: 1,312 ✭✭✭


    Hi, I just have a simple question about the implementation of this document, should Lisbon be passed.


    If the Charter becomes legally binding, will it apply to legislation proposed by each of the the member states, or only EU directives?

    Thanks!


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    #2
    Scofflaw
    Registered Users Posts: 23,283 ✭✭✭✭Scofflaw


    Daftendirekt wrote: »
    Hi, I just have a simple question about the implementation of this document, should Lisbon be passed.


    If the Charter becomes legally binding, will it apply to legislation proposed by each of the the member states, or only EU directives?

    Thanks!

    Only EU directives (and regulations etc) and their implementation in national law.
    COFR Article 51: Scope wrote:
    1. The provisions of this Charter are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law.

    cordially,
    Scofflaw


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    #3
    steady on now
    Closed Accounts Posts: 6 ✭steady on now


    There are many shrill observers who will decry the EU as a sinister dictatorship. The Czech president has repeatedly compared the EU to Soviet leadership. The British tabloids have repeatedly drawn parallels between Nazi Germany and the EU.

    With any right there is a freedom on one side and a restriction on the other.
    The right not to be put to death restricts the state in its ability to act while giving the individual a freedom.

    The point of the Charter of Fundamental rights is that it contains a list of rights for the people of Europe. It places restrictions on what the EU could do. It does this while not restricting the states from introducing legislation that is disagreement with the Charter. It can not be used to increase the areas of competence of the EU.


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    #4
    Daftendirekt
    Closed Accounts Posts: 1,312 ✭✭✭Daftendirekt


    Thanks Scofflaw.
    steady on now wrote: »
    With any right there is a freedom on one side and a restriction on the other.
    The right not to be put to death restricts the state in its ability to act while giving the individual a freedom.

    The point of the Charter of Fundamental rights is that it contains a list of rights for the people of Europe. It places restrictions on what the EU could do. It does this while not restricting the states from introducing legislation that is disagreement with the Charter. It can not be used to increase the areas of competence of the EU.

    Thanks for the reply, but I know what the Charter is already. I was asking because I wanted to know whether it would provide a basis for challenging the legislation being discussed in this thread. After reading through the whole thing, I can see my question was already answered.
    There are many shrill observers who will decry the EU as a sinister dictatorship.

    In case you're wondering, I'm not one of those people.


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