ІНСТИТУЦІЙНІ ПРОЦЕСИ В СИСТЕМІ ЗАХИСТУ ПРАВ ЛЮДИНИ ЄС ЯК ФАКТОР ПІДВИЩЕННЯ ЕФЕКТИВНОСТІ ФУНКЦІОНУВАННЯ ПУБЛІЧНОГО УПРАВЛІННЯ В УМОВАХ СУЧАСНИХ ГЛОБАЛІЗАЦІЙНИХ ВИКЛИКІВ

Abstract

The search for a new democratic order in Europe after World War II was marked by the creation of a system of human rights protection based on the rule of law and a guarantee for every person under their jurisdiction human rights and fundamental freedoms. A system based on the effective cooperation of Member States of the international community should, in practice, become the one that determines the capacity of a particular entity, a particular institution, working alone or in collaboration with others. In the scientific literature, the idea of human rights, reflected in studies of European state building and public administration, has been developed into a theoretical concept that has become the basis of a social institute of human rights legitimized as a result of institutional processes at all levels of global and European governance. Given the current geopolitical changes, the migration crisis, environmental problems, armed conflicts and terrorist attacks, human rights are constantly being violated; public authorities, both national and integrational, face the challenge of finding effective mechanisms for ensuring the survival and development of human society. That is why the purpose of the article is to identify the particularities of the functioning of the EU's institutional human rights protection system in the context of finding an effective model of the human rights protection system. The EU's main institution is the Council of Europe, which has proven itself to be the most effective object of the system during its existence. The tasks of the countries which have acceded to the Council of Europe indicate the need to create a common ground for understanding the rule of law, as well as freedom and human rights. In this context, it should be emphasized that the effectiveness of the institutional system created to protect human rights is linked to certain standards, including the decision-making process legally enshrined in both international and national law. The Council of Europe and its Member States, in the interests of respect for and protection of liberties and human rights, should make every effort to ensure that all mechanisms, including political monitoring and control by the European Court of Human Rights, are used. It is argued that the effectiveness of human rights protection systems in the EU depends largely on the effectiveness of the procedures for implementing and monitoring the implementation of commitments made by individual countries. Attention is drawn to the fact that no state can ignore the values that are fundamental to the democratic identity of the entire international community, which they are bound to uphold. This also applies to Ukraine, which has ratified the European Convention on Human Rights and has to implement its requirements in domestic law. The main instruments and mechanisms of the European Union are being considered to help address human rights issues in the Member States. The functions of the main actors in the human rights protection system, in particular the European Court of Human Rights, are analyzed. An important condition for the effective functioning of the system is interinstitutional cooperation betweenSecretary General of the Council of Europe, Commissioner for Human Rights and the Tribunal of the European Court of Human Rights. It has been identified that one of the standard sets is to achieve a high level of human rights protection,which depends on the effectivenessof the procedures for fulfilling and controlling the commitments undertaken by member states of the Council of Europe. The effectiveness of the control procedure and the specific control mechanism increases only when a complaint is submitted to a competent, independent body, preferably a law enforcement one. This depends on the legal education of the population, which should be aware of the choice of instruments and mechanisms to protect their rights in a particular situation. Similarly, the issues of regulation of the sphere of official competence, which enable them to perform their function without any external pressure, also need legal justification. The choice of specific action methods by the state to ensure the protection of human rights, remains free, however, as a rule, it is limited and determined by the purpose or result set out in aparticular international agreement. The current activity of the Council of Europe proves that one of the main areas of its work is the creation of constitutional standards oriented towards the democratic development of Member States' political systems based on the values associated with freedom and human rights, which form its fundamental basis. These standards are transposed into the internal legal systems of the Member States. Thus, the theoretical foundations that characterize the human rights protection system indicate that in the process of creating human rights standards, the Council of Europe's «soft instruments», including, above all, recommendations, occupy an extremely important place. A very important incentive for Member States to fulfill their obligations before the Council of Europe is not only the quality of its specific monitoring and control procedures, but also the fact that the European Union itself clearly states that a country which does not comply with the principles and standards of the CoE does not have a chance of EU membership. It is noted that, regardless of levels, the process of European integration is based on broadening the sphere of democratic values and standards in order to better protect human rights and ensure the successful development of European communities. Respect for human rights is first and foremost the task of national authorities. This also applies to Ukraine which is seeking to become a full member of the EU.