Beware of Lawyers Bearing Gifts:a Critical Evaluation of the Proposals on Fundamental Rights in the Draft Constitutional Treaty.

Authors

Stephen Carruthers, Technological University DublinFollow

Document Type

Article

Rights

Available under a Creative Commons Attribution Non-Commercial Share Alike 4.0 International Licence

Publication Details

E.H.R.L.R. 2004, 4, 424-435. This version is the author's final proof.

Abstract

The article assesses how far the provisions on fundamental rights contained in the draft Treaty Establishing a Constitution for Europe advance the objectives of promotion of the rule of law, transparency, a balanced relationship between the Union and national legal orders, and effective judicial redress. Argues that while the proposed accession of the Union to the European Convention on Human Rights 1950 and incorporation of the Charter of Fundamental Rights of the European Union 2000, notwithstanding justiciability problems, deserve support, the retention of the general principles of law as a source of fundamental rights and the suggested amendments to the Charter would not promote the constitutional objectives set by the 2001 Laeken Declaration.

DOI

10.21427/D78J53

Recommended Citation

Carruthers, Stephen (2004) Beware of Lawyers Bearing Gifts:a Critical Evaluation of the Proposals on Fundamental Rights in the Draft Constitutional Treaty, Vol.4, 2004, pp. 424-435.