Magna Carta and the Charter of the European Union

Abstract

Peter Gjortler explains that the EU Charter was originally introduced as a non-binding re-statement of rights – already acknowledged or interpreted in the EU – with the Nice Treaty of 2001. It was supposed to be a binding document as part of the European Constitution but the latter was rejected notably by France via a referendum in 2005. It was then proposed as a legally binding instrument with the revised Lisbon Treaty. He develops a systematic comparative approach between Magna Carta and the provisions of the Charter of the European Union, notably:

-The right to free circulation – for all free men in Magna Carta and in article 45 of the Charter which states that “every citizen of the Union has the right to move and reside freely within the territory of the member states”.

-Religious freedom in Magna Carta and in article 21(1) of the Charter under which “any discrimination based on religious beliefs should be prohibited”.

-Access to justice.

-The key principles at the basis of the EU such as: the principle of proportionality, the principles of conferral, the legality principle, the principle of recovery, free circulation of goods.

He concludes that it is important for the people(s) of Europe to share a peaceful future based on joint fundamental values which were inspired by Magna Carta.