Protection of Human Rights in the European Union

Abstract

Problem setting. It was found that the continued lack of a specialized human rights act in the European Union’s law enforcement system resulted in a strong influence of the system of protection established and existing within the Council of Europe.

Target research. In turn, a study of the case law of the Court of Justice of the European Union during the emergence of the European Charter on Fundamental Rights of the European Union, both before and after its entry into force, was carried out.

Analysis of recent research and publication. Questions concerning the institute for the protection of human rights in the European Union and the Council of Europe are addressed by many domestic and foreign scientists, including A. Arnull, I. Butler, M. Buromensky, V. Butkevich, V. Denisov, T. Komarova, F. Mancini, K. Margarits, O. Merezhko, M. Mikiyevich, V. Mitsyk, V. Muravyov, P. Rabinovich, H. Rasmussen, A. Rosas, O. Sviatun, K. Smirnova, V. Steglik, E. Stein, J. Weiler, A. Fedorov, L. Falafeeva, O. Hamulak and N. Shishkova. However, in most cases, the studies focus on the jurisdiction Court of Justice of the European Union (ECJ), the case law of the European Court of Human Rights (ECHR), the interaction of the judicial authorities of the EU and the Council of Europe.

Article’s main body. The article examines the establishment and development the institute of the European Union human rights that has come its way since the founding acts of the European Union did not contain rules that would empower the judiciary to protect fundamental human rights.

Conclusions and prospect of development. The case-law of the Court of Justice of the European Union and the analysis of the judicial activism of the European Court of Human Rights provide the impetus for drawing conclusions on their interdependence and mutual influence. The autonomous position of the European Court of Human Rights on the rule of law of the European Union and the attitude of the European Union, reflected in the European Charter on Fundamental Rights of the European Union, to the system of protection established within the Council of Europe are examined.