Abstract

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.

Highlights

  • This Charter of Fundamental Rights was first proclaimed by the European Union (EU) Parliament, the Council and the Commission of the EU as an instrument of law on 18 December2000 (Rosas 2012)

  • The European Social Charter and other human rights conventions were adopted. This Social Charter of 1996 embodies in one instrument all rights guaranteed by this Charter of 1961, its additional Protocol of 1988 and adds new rights and amendments adopted by the Parties who are members of the Council of Europe

  • It is clear that the foundation on which human rights was constructed was firm. To concretize this fundamental approach to human rights and to understand why these rights were protected without precedent, it is imperative that due regard be paid to the Kadi cases, which became the hallmark of the EU’s commitment to human rights

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Summary

Introduction

This Charter of Fundamental Rights (the Charter) was first proclaimed by the European Union (EU) Parliament, the Council and the Commission of the EU as an instrument of law on 18 December. Great challenges face EU citizens in the post-Brexit era Their treaty-ensured legal protection, and in particular those that Article 46 of the Charter guarantees, falls away, and they will rely for their presence in the UK on new formulations derived from acrimonious negotiations between the UK and the EU during which other issues demanded more time and consideration. In this forthcoming era, the Charter as such will no longer be available to them

The European Court of Justice
Methodology in Respect of the ECJ
Basic Tenets of EU Law
Kadi Cases
Status of Charter
Application of Article 46
Consequences for EU Citizens with the Withdrawal of the UK from the EU
Conclusions

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