The safeguarding of the Charter of Fundamental Rights in the drafting of EU legislation

Abstract

This dissertation entails an analytical exercise of how the Commission, Council and the Parliament ensure that the Charter is accorded its due prominence when legislation is being drafted. An outline of the main principles of legislative drafting precedes this analysis. Following, an explanation of what the process of EU legislative drafting entails and an outline of the history of quality drafting in the EU are also provided. The Charter and its relationship with the general principles is explored as this analysis allows the reader to appreciate the value of the Charter. The CJEU’s present and future positive contributions to the safeguarding of the Charter and the planned accession to the ECHR are also examined. Such information will allow the reader to better understand the subsequent analysis. In the light of the Commission’s belief that the Union must lead by example in its implementation of the Charter rights, the key communications issued by the Commission are thoroughly analysed. Subsequently any measures taken by the Council and Parliament are also examined. The gaps in the system are identified and solutions proposed. A case study which attempts to put things into perspective is presented. Finally, starting with the premise that further safeguard is desirable, the dissertation claims that it is primarily a change in attitude, which will allow the improvement of the situation. It is only then that the suggestions made (such as regarding, training and external monitoring) will contribute towards the attainment of a pro-fundamental rights culture within the Union.