The impact of the EU Charter of Fundamental Rights on the EU system of protection of rights: much ado about nothing?

The original version of this article was presented at the Durham European Law Institute's Postgraduate Weekend Conference held between 13 - 15 July 2001.

Abstract:

This paper examines the normative impact of the EU Charter of Fundamental Rights. Its aim is two-fold: first, to highlight the main problems which have arisen so far in terms of human rights protection in the EU and, second, to examine whether the new Charter in its current shape promises to address these problems. The analysis will emphasise the following three issues: a) democratic legitimacy b) rule of law and c) marketisation. It concludes that the Charter in its current legal shape, although a step forward, leaves the EC/EU constitutional structure unaffected and is, therefore, not an adequate response to deeper problems