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The EU's Lisbon Treaty comes into force on 1 December - and with it the EU Charter of Fundamental Rights.The UK, Czech Republic and Poland have negotiated opt-outs from the Charter. But here Damian Chalmers, Professor of EU Law at the London School of Economics (LSE), argues that the Charter repackages EU law that is already applied by the 27-nation bloc. ...The Charter is possibly the most wide-ranging human rights treaty in the world today. There are civil rights, political rights, social rights, ecological entitlements, rights for the arts, consumer rights. The list is really extensive. Whilst the Charter might set out many desirable things, the concern has always been that every one of these grounds gives the EU new reasons to intervene, be it to protect the environment, workers, or the right to asylum. That scares those worried about national sovereignty and raises fears that the rights might be developed in a clumsy way. Yet what the Charter actually does is far more limited. It does not give us the general right to challenge our police force, lawmakers or employers whenever they appear to breach these rights: the important catch is that it only binds EU institutions and member states when they are implementing EU law. The European Commission, Parliament and Council can be reviewed for compliance with the Charter, but the UK government can only be reviewed when it applies EU law or transposes them. This is quite a limited array of circumstances.
The EU's Lisbon Treaty comes into force on 1 December - and with it the EU Charter of Fundamental Rights.
The UK, Czech Republic and Poland have negotiated opt-outs from the Charter.
But here Damian Chalmers, Professor of EU Law at the London School of Economics (LSE), argues that the Charter repackages EU law that is already applied by the 27-nation bloc.
...
The Charter is possibly the most wide-ranging human rights treaty in the world today. There are civil rights, political rights, social rights, ecological entitlements, rights for the arts, consumer rights. The list is really extensive.
Whilst the Charter might set out many desirable things, the concern has always been that every one of these grounds gives the EU new reasons to intervene, be it to protect the environment, workers, or the right to asylum.
That scares those worried about national sovereignty and raises fears that the rights might be developed in a clumsy way.
Yet what the Charter actually does is far more limited. It does not give us the general right to challenge our police force, lawmakers or employers whenever they appear to breach these rights: the important catch is that it only binds EU institutions and member states when they are implementing EU law.
The European Commission, Parliament and Council can be reviewed for compliance with the Charter, but the UK government can only be reviewed when it applies EU law or transposes them. This is quite a limited array of circumstances.
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