Fundamental Rights: Lisbon Makes No Change

Some cite the EU's new(ish)Charter of Fundamental rights as a reason to vote in favour of the Lisbon Treaty.

I have never seen how that could stand up to any analysis: even if the Irish Constitution's own provisions are not deemed adequate, Irish citizens have access to the protection of the European Convention on Human Rights ("ECHR"). What could the EU add to that ?

Well, the answer is "nothing at all"and Ralf Grahn's excellent commentary confirms that no-one (except misguided or mendacious treaty advocates) is really pretending any different.

He points out that:

Interestingly, the Charter does not confer any new rights on the citizens of the European Union. The rights and principles mentioned are all derived from the Treaties and existing EU legislation, the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms and other international documents.

There is a reason that making the ECHR redundant for EU citizens would anyway be a bad idea. That reason is this:At present, the ECHR covers countries such as Russia which have no prospect of becoming EU members. If the EU effectively withdrew from the Convention, I contend that protection of Convention rights in places like Turkey and Russia would be weakened. Who wants that ?

Update on Tuesday, April 22, 2008 at 11:37AM by Fergus O'Rourke

I accept Brian's correction: "nothing at all" is an exaggeration. I will attempt at a later date to clarify if the exaggeration is significant; as with much of this Treaty, moments of clarity have a habit of disappearing under the slightest of interrogations. I have become confused again on the Charter of Fundamental Rights.

Comments

[Brian]

The Constitution is superior to the European Convention on Human Rights Act 2003. Currently, where the Constitution and Act are in conflict, the Constitution wins. If the Lisbon Treaty is passed favorably, rights conferred in the Declaration may be exercised in the European Courts, which is presently not the case. This proposed change is meaningful and not "nothing at all".

[Ralf Grahn]

In a way, I think we all are right. The rights as such are already protected, but the Charter changes from being politically binding to legally binding on the EU institutions and the member states when they implement EU law.