Tri stuba zaštite osnovnih prava u poretku Evropske unije

Ćorić Erić, Vesna (2011) Tri stuba zaštite osnovnih prava u poretku Evropske unije. Pravni život (12). pp. 471-485. ISSN 0350-0500

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Abstract

This article examines to what extent changes introduced under the Treaty of Lisbon do constitute an adequate legal basis for creating a coherent and consistent human rights protection system in Europe. While the Treaty of Lisbon abandons the EU’s pillar structure, it simultaneously introduces in Article 6 of the amended Treaty on EU so called “three pillars” of fundamental rights. These are: the Charter as a binding instrument, the accession to the ECHR and the reference to the general principles of law as established by the ECJ. A critical assessment of Articles 52 and 53 of the Charter, which define the relationship between the ECHR and the Charter is given. The Charter, nonetheless its binding force, does not completely eliminate the risk of divergences between both systems. The paper further argues that when it comes to the accession of the EU to the ECHR, a number of technical and institutional issues have to be successfully and unambiguously addressed in order to establish a consistent human rights protection system in Europe.

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