The Charter Convention's Mandate
Author | Coghlan, Niall; Steiert, Marc |
Pages | 710-755 |
SN 2960/99non/DJM/mtEN
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(11.05)
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Respect for fundamental rights is a founding principle of the European Union and an indispensable
prerequisitefor 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 offundamental 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 and 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, government delegates and a
Representative of the European Commission.
— 710—
III.1. THE CHARTER CONVENTION’S MANDATEDraft 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. Representatives of social groups and experts
should be invited to give their views. Secretariat services should be provided by the General Secretariat of
the Council.
This body should present a draft document in advance of the Paris2000 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 theTreaties.
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 prior to the Tampere
European Council.
— 711—
III.1. THE CHARTER CONVENTION’S MANDATEDraft Mandate: Charter of Fundamental Rights of the European Union
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— 712—
III.1. THE CHARTER CONVENTION’S MANDATECompte rendu sommaire de la 1833ème réunion du Coreper [Extraits]
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