The Charter Convention's Mandate

• Author: Coghlan, Niall; Steiert, Marc
• Pages: 710-755

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(11.05)

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OR.d

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Charter of Fundamental Rights of the European Union

Respect for fundamental rights is a founding principle of the European Union and an indispensable

prerequisite for its legitimacy.

The obligation of the Union to respect fundamental rights has been confirmed and defined by the

jurisprudence of the European Court of Justice.

It is necessary at the present stage of the Union's development to establish a Charter of fundamental rights in

order visibly to enshrine the overriding importance of fundamental rights and their impact on the Union's

citizens. The Charter should guide the Union in the fulfilment of its tasks and make it easier for the Union's

citizens to assert their fundamental rights in court.

The European Council believes that this Charter should in particular comprise the rights of freedom and

equality as well as basic procedural rights guaranteed by the European Convention for the Protection of

Human Rights and Fundamental Freedoms deriving from the constitutional traditions common to the

Member States as general principles of Community law.

The Charter should also include the fundamental rights that pertain only to the Union's citizens.

In drawing up such a Charter account should furthermore be taken of economic and social rights as contained

in the European Social Charter and the Community Charter of the Fundamental Social Rights of Workers,

insofar as they do not merely establish objectives for action by the Union.

No restriction of such fundamental rights is admissible unless prescribed by law an d consistent with the

principle of proportionality and the substance of the rights in question.

In the view of the European Council, such a Charter of Fundamental Rights of the European Union and any

ancillary provisions required to enforce these rights should be drafted by a convention composed of members

of the European Parliament and the legislative bodies of Member States, govern ment delegates and a

Representative of the European Commission.

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III.1. THE CHARTER CONVENTION’S MANDATE Draft Mandate: Charter of Fundamental Rights of the European Union

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Representatives of the European Court of Justice, of the Committee of the Regions and of the Economic and

Social Committee should participate in an advisory capacity. Representativ es of social groups and experts

should be invited to give their views. Secretariat services should be p rovided by the General Secretariat of

the Council.

This body should present a draft document in advance of the Paris 2000 European Council. The European

Council will propose to the European Parliament and the Commission that, together with the Council, they

should solemnly proclaim on the basis of the draft document a European Charter of Fundamental Rights. It

will then have to be considered how the Charter should be integrated into the Treaties.

The European Council invites the European Parliament and the national Parliaments to participate in this

historic task and mandates the General Affairs Council to take the necessary steps pri or to the Tampere

European Council.

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III.1. THE CHARTER CONVENTION’S MANDATE Draft Mandate: Charter of Fundamental Rights of the European Union

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III.1. THE CHARTER CONVENTION’S MANDATE Compte rendu sommaire de la 1833ème réunion du Coreper [Extraits]