(14) The Lisbon Treaty

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THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION

The EU’s New Human Rights Dimension

The Relationship between the Principle of Equality and Legislative Acts

After discovering the contradiction between the different-in fact, opposite- meanings of ‘principles’ in Article 52(5) CFREU, on the one hand, and in the case law of the Court on the other, the question is what the impact of this conceptual conflict might be on the application of the classification under Article 52(5) CFREU. Would the resolution of the ‘principles versus principles’ dispute be able to preclude subordinating the principle of equal treatment to the classification under Article 52(5) CFREU?

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(13 ) The Lisbon Treaty

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THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION

 The EU’s New Human Rights Dimension

A CONCRETE EXAMPLE: EQUALITY AS A RIGHT AND A PRINCIPLE

The Development of Equality as a Primary Principle Guaranteeing Fundamental Human Rights

Equality and non-discrimination have a special place among human rights and they have a special position in the Charter as well. Their special position is established by its dual character. First, it is a principle determining the content and exercise of all other fundamental rights and as such, it is unequivocally acknowledged as a constitutive element of international human rights law. Secondly, it is a right of a specific kind, being a precondition of human dignity. This second meaning, the right to equal treatment, in contrast with the principle of equal treatment, is the subject of broad conceptual discussions.

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(12 ) The Lisbon Treaty

The Treaty of Lisbon - How much 'Constitution' is left? An Overview of the Main Changes

The Treaty of Lisbon Europe’s Next Step?

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THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION

 The EU’s New Human Rights Dimension

Second Permissible Objective: Need to Protect the Rights and Freedoms of Others

Since there are many elements which could constitute ‘general interests’ it would appear that the second objective (rights and freedoms of others) would not become the biggest issue. But the first judgment in this respect shows that it is in particular in personal relationships that this objective might become relevant.77

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(11) The Lisbon Treaty

EP after the Lisbon treaty: Bigger role in shaping Europe

The Lisbon Treaty

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THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION

 The EU’s New Human Rights Dimension

The Lisbon Treaty creates a new dimension of human rights protection within which the CFREU plays the most important role but within which it also has to be placed. The most important introductory provisions set out the framework of the Union as a whole.

In this context, it should be recalled, from the outset, that the Preamble of the TEU confirms the attachment to the principles of liberty, democracy and respect for human rights and fundamental freedoms (fourth recital), and specifically the fundamental social rights (fifth recital).30 Even more importantly, the ‘respect for human rights’ is a value on which the Union is based (Article 2 TEU) and one of the Union’s aims is to promote its values (Article 3(1) TEU). Within this framework, Article 6 TEU represents the core of human rights protection and its multilevel system. Paragraph 1 represents the most innovative dimension: the CFREU, which is made legally binding by having ‘the same legal value as the Treaties’. Paragraph 2 contains the obligation to accede to the ECHR31 and, finally as an own source of EU law (at least understood as a source of legal guidance)32-paragraph 3 recalls the principles already contained in ex-Article 6(2) EU according to which fundamental rights as guaranteed by the ECHR and as they result from the constitutional traditions common to the Member States shall constitute general principles of Union law.33

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(10) The Lisbon Treaty

The European Union and Human Rights after the Treaty of Lisbon

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The Lisbon Treaty and the Charter of Fundamental Rights of the European Union

The Process of Adoption of the Charter of Fundamental Rights

The First Convention and the Charter of Fundamental Rights

In this context, the European Council in Cologne in 1999 commissioned 23 a Draft Charter of Fundamental Rights of the European Union from a body composed of representatives of the Heads of State and Government and of the President of the Commission, as well as of members of the European Parliament and national parliaments, including representatives of the European Court of Justice as observers. Representatives of the Economic and Social Committee, the Committee of the Regions and social groups, as well as experts were given an opportunity to express their views. This body, constituted in December 1999, titled itself ‘the European Convention’ and was chaired by Roman Herzog. The objective was to present a Draft Charter at the European Council in December 2000, which would then be proposed to the European Parliament and the Commission. Together with the Council, they would then solemnly proclaim a European Charter of Fundamental Rights on the basis of the draft document.

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