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Charter of Fundamental Rights in the European Constitutional Treaty

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Issue 2004/10
Pg 655-660

Summary

Europe is, regarding (human) rights and freedoms, the most regulated and strongly protected region in the world. The basic rights and freedoms of people in Europe are protected by the countries’ own constitutions and systems, and also by international legal acts and systems, such as the relevant UN treaties and monitoring systems, the European Convention of Human Rights and the European Court of Human Rights. With the addition of the European Union’s Charter of Fundamental Rights, the question could be justifiably posed as to whether Europe is not already overregulated and protected regarding human rights and freedoms? Perhaps the clarity and certainty necessary for the understanding of ordinary people has been clouded with complexity and lack of clarity?

The article provides a brief overview of the system for the protection of people’s basic rights and freedoms in Europe, and discusses the reasons for the creation of the European Union’s Charter of Fundamental Rights, the nature of the Charter, the target group, and the effect of the Charter on the constitutional order in Estonia.

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