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Cardozo Journal of International and Comparative Law

Abstract

The European Charter of Fundamental Rights, proclaimed in 2000, has sparked significant debate as it aims to enhance human rights protection in Europe while facing criticism for being symbolic and potentially undermining legal culture. The Charter, though not legally binding, was drafted with the intent to become part of the European Constitution, thereby gaining enforceability. It incorporates various rights, including civil liberties, participatory rights, and social rights, balancing traditional legal principles with modern challenges like bioethics and data protection. The European Court of Justice has increasingly applied the Charter in interpreting European law, developing a doctrine of uniform limitations on rights that emphasizes proportionality and respect for the essence of rights. Despite its progressive elements, such as extending rights to all individuals and aligning with the European Convention on Human Rights, the Charter faces criticism for lacking robust judicial review mechanisms and leaving key issues unresolved, like the division of jurisdiction between European and national courts. The Charter represents a step toward a unified human rights framework in Europe but requires further development to address its limitations and enhance its effectiveness in protecting fundamental rights.

Disciplines

Human Rights Law | Law

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