○ 欧盟宪法草案对欧盟人权保护机制的影响 (The Draft Constitution an ○
n of personal data is derived from Article 286 EC Treaty; Directive 95/46/EC of the European Parliament and the Council; Article 8 ECHR; Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data; Article II 10 2. Paragraph 2 rig >>
So according to the content of the Charter, it is sensible to summarize it as a self sufficient constitutional legal source providing adequate and complete protection for human rights.
3.2 the change of the legal characteristic of the Charter
The Charter was supposed to function as a symbol that would “counterbalance the euro and become part of the iconography of European integration and contribute both to the identity of and identification with Europe” when it was finally signed in the IGC in Nice. Since the Charter was not integrated into EU treaties, which led to non-binding force status. However, the Charter itself seems to have already paved a way to its incorporation into EU treaty as a constitutional “bill of rights”. Because it has created potential and provided a more solid basis for the commitment of the EU institutions to the protection of fundamental rights. This is the deficiency in EU Treaties, which should be complemented sooner or later . It is also unambiguous that the EU institutions, which have proclaimed the Charter, would commit themselves to respect the Charter.
As a result, then on the one hand the Charter made EU citiz
ht to conscientious objection might be developed from national constitutional traditions ; more typical is Article II-18 right to asylum comes from both the Article 63 EC Treaty and Protocols relating to the United Kingdom and Ireland annexed to the Treaty of Amsterdam and to Denmark . The same cases we can cite in all places from the Charter, which reflects the nature loose relation between the Charter and the ECHR and other documents of Council of Europe.
So according to the content of the Charter, it is sensible to summarize it as a self sufficient constitutional legal source providing adequate and complete protection for human rights.
3.2 the change of the legal characteristic of the Charter
The Charter was supposed to function as a symbol that would “counterbalance the euro and become part of the iconography of European integration and contribute both to the identity of and identification with Europe” when it was finally signed in the IGC in Nice. Since the Charter was not integrated into EU treaties, which led to non-binding force status. However, the Charter itself seems to have already paved a way to its incorporation into EU treaty as a constitutional “bill of rights”. Because it has created potential and provided a more solid basis for the commitment of the EU institutions to the protection of fundamental rights. This is the deficiency in EU Treaties, which should be complemented sooner or later . It is also unambiguous that the EU institutions, which have proclaimed the Charter, would commit themselves to respect the Charter.
As a result, then on the one hand the Charter made EU citiz
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