Introduction: EU Charter as a Dynamic Instrument

Abstract

The wording of the European Union Charter of Fundamental Rights starts with an ambitious vision: “The peoples of Europe, in creating an ever closer union among them, are resolved to share a peaceful future based on common values”. The Charter, containing 54 articles, is not only often glorified but also severely criticised by its overwhelming character. It cannot be denied that, despite some doctrinal controversies and scholarly debates on the binding effect of the Charter, it has already a significant impact to the general policy of the European Union, including citizen’s Europe, common market, relations with third countries, enlargement, etc. The economic environment and legal environment are changing rapidly, and fundamental rights should be interpreted and protected in the light of these “changes in society, social progress, scientific and technological developments” as stated by the Charter. Therefore, the discussions related to the text of this innovative instrument are necessary and useful in the process of modelling the future of the protection of fundamental rights by the Union. The Charter cannot be static and rigid by its nature. It should rather be seen as a dynamic instrument that can never challenge the very core of the rights and values protected but must still be “living” legal text, i.e., allowing developments that are in correspondence with the aims of the Charter (stated by its preamble). This is a responsible task for implementators and interpretators of the text that is a part of European Union primary law. The authors of the book do not overemphasise the arguments that relate the Charter to the vision of federal Europe and constitutional patriotism or as a tool for readjusting nation-state based Europe to the citizen’s Europe. However, the Charter is inherently a phenomenon to strengthen still fragile democratic legitimation of policymaking in Europe.