EXTRAJUDICIAL INSTITUTIONS IN THE SPHERE OF HUMAN RIGHTS PROTECTION IN THE EU

Abstract

In general, there are judicial and extrajudicial ways to protect human rights in the EU. Judicial protection of human rights from violations by international institutions falls within the jurisdiction of the Court of Justice. Extrajudicial institutions that protect the rights of the individual include the following: the Ombudsman of the European Union, the EU Agency for Fundamental Rights, and EU bodies such as the European Commission and the Council of the EU. It should be noted that the functions of these bodies in the field of individual rights are to protect the rights of the individual from violations by the bodies of the European Union and not the EU Member States. Extrajudicial bodies responsible for the protection of individual rights should be distinguished as follows. Depending on the purpose of education: specialized institutions for the protection of individual rights: the Agency for Fundamental Rights of the European Union, the Ombudsman of the European Union, and bodies of general competence: the European Commission or the Council of the EU. According to the subject of the appeal to the Institute for Protection of Rights: the Ombudsman of the European Union, for appeals of individuals, the Agency for Fundamental Rights of the European Union, which provides for appeals of certain bodies of the European Union and the Council of the EU. The Council of the European Union is the main body of the EU in terms of performing various functions. It is considered the main rule-making body of the EU. It is important to note that the issue of protection of individual rights is not a priority, but only one of the functions of this EU body. The main executive body of the EU is the Commission of the European Union, which performs the function of investigating illegal actions and can impose penalties on violators. The object of illegal actions may be an offense by a Member State of the requirements imposed on it by the EU's founding treaties, including human rights offenses. The basis in this process, within the framework of the investigation, is the right of both natural and legal persons to apply to the Commission for illegal actions committed by a Member State. The human rights procedures used by the Commission should be considered quite effective, as they combine both information and representation. Since the entry into force of the Maastricht Treaty, the EU has established a mechanism for the protection of human rights, namely the Ombudsman of the European Union.