why was the EU made?
origins lie in reconstruction .
wars between France and Germany.
purpose is peace
Francoo-German endeavour. British sit to the side.
roots in Franco German relationship.
nature of the union.
treaty of rome. 1957. commitment to rights.
Contains human rights.
EU is a trade bloc it is also about other values. free movement of people.
brings social rights. development of EU one can see a commitment to and importance of rights to economic organisation.
one must suggest. EU is an ongoing experiment
one sees the centrality to EU of HR as expressing core values of the EU
these rights interface with institutions/ there are counter arguments. this is a partial perspective
this should not be a set of snapshots of the institutions
there is a uniting theme
important to self understanding of the EU
this is experimental. engagement wirh a supra national organisaiton. it is unfinished there is technical complexity
EU is a creature of law
1957 treaty of rome took force 1958. amended by treaty of amsterdam and treaty of nice in 2001
set up backbone.
look at the charter of fundamental rights. picks up on earlier themes
link past with present and future
forces us to think abot foundational treaty and right sin charter of fundamental rights
important interprative tool
pay attention to section from charter of fundamental rights
”annex 4 protection of fundamental rights is a founding principle of the union and a indispensable pre requisite for her legitimacy. The obligation of the union to respect fundamental rights
have been confirmed by the court of justice. There appears to be a need to establish a charter of fundamental rights in order to make their over riding importance more relevant to the citizens ”
why is the EU using this language of rights
first. since foundation there has been a growing sense that the instituons suffer from opacity
distrust of the union expressses itelf in politics of member states
lack of appreciation of institutions’ what are they doing
they do not appear to be legitimate
commitment to human rights
second concern. expansion of EU that had been commie
restructuring needed for membership. EU had to stress its own democratic credentials
new mmeber states had to democratise
former communist coutries jojn EU. chnaged dynamic
changed supra national institutions.
this necessarily changed it.
HR addresses both these concerns
”protection of fundamental rights is a founding principle of the Union.”