18 November 2010
Selection of the rights – Sources
Whereas there are not any previous federalist documents that could be directly taken over in the chapters of a European federal constitution dealing with competencies of the federation (and actually, it applies also in the case of the preamble and the opening provisions), the contrary seems to be valid in the case of the section dealing with basic human rights. The Charter of Fundamental Rights of the European Union exists and is even in force already. It would be therefore sufficient seemingly to take it simply over in a proposal of a European federal constitution (omitting its non-federalist opening and final solemn sections or solemn statements at all). But I do not believe that it is possible. The Charter of Fundamental Rights of the European Union contains not some important rights which can be found in the constitutions of the European states, some provisions seem peculiar to me, wording of some of them rather ensures not than ensures and some provisions belong not to the section dedicated to the basic rights (it is before all due to the fact that the EU is an international organization and has therefore not a state constitution). For this reason, the Charter of Fundamental Rights has to be (much) modified and completed to a usual part of a (federal) constitution. (Strictly speaking, I will not base the federal constitution's section about basic rights upon the EU basic rights charter which I am to explain below.)
It is a time now when I can ask a question what other sources of rights enumerated in the European federal constitution should be taken into consideration. One of the sources of the Charter of Fundamental Rights of the European Union is without any doubt the Universal Declaration of Human Rights adopted in the year 1945 which can be distinguished not only by contents correspondences but also by some literal quotations. In fact, I believe that just this declaration should be a base of the chapter of the European constitution dealing with the basic right, not only from the viewpoint of its content but also from the viewpoint of its internal structure (I must admit that I have not comprehended fully the structure of the Charter of Fundamental Rights of the European Union). But the declaration has to be completed with other provisions because it is only general and not in every case enough specific. Then, I will use a third source of basic rights in the European federal constitution beside the two mentioned ones already – constitutions of the European states, naturally. For they contain many additional useful provisions and more concrete ones than in the Charter of Human Rights of the EU and ind the Universal Declaration of Human Rights too. Then, there is also another document that I will take into account – it is the the Convention for the Protection of Human Rights and Fundamental Freedoms adopted in the year 1953 by the Council of Europe. And last but not least, I have to point out that I will add also my own provisions because it seems to me that challenges of the present epoch in which Europe is require in my opinion some additional provisions that are absent in above mentioned documents (or more precise wording of the existing ones).
I have divided all rights for the European federal constitution in thirteen articles and I will discuss them gradually. The thirteen articles will be:
Equality among people,
Right to life, personal freedom and security,
Right to judicial protection,
Right to privacy,
Freedom of expression and opinion,
Right of assembly,
Political rights,
Right of free movement and residence,
Social rights,
Family rights,
Rights of property,
Cultural rights,
Exercise of rights.
(I followed generally the structure of the Universal Declaration of Human Rights with some modifications trying to well convey importance and urgency of individual groups of rights though the order that I have chosen may be discussed as subjective. I omitted the theory of “three generations of human rights” that is allegedly reflected in the Charter of Fundamental Rights of the European Union, it is not important in my opinion but somebody may see something from it in my order too.)
It is a time now when I can ask a question what other sources of rights enumerated in the European federal constitution should be taken into consideration. One of the sources of the Charter of Fundamental Rights of the European Union is without any doubt the Universal Declaration of Human Rights adopted in the year 1945 which can be distinguished not only by contents correspondences but also by some literal quotations. In fact, I believe that just this declaration should be a base of the chapter of the European constitution dealing with the basic right, not only from the viewpoint of its content but also from the viewpoint of its internal structure (I must admit that I have not comprehended fully the structure of the Charter of Fundamental Rights of the European Union). But the declaration has to be completed with other provisions because it is only general and not in every case enough specific. Then, I will use a third source of basic rights in the European federal constitution beside the two mentioned ones already – constitutions of the European states, naturally. For they contain many additional useful provisions and more concrete ones than in the Charter of Human Rights of the EU and ind the Universal Declaration of Human Rights too. Then, there is also another document that I will take into account – it is the the Convention for the Protection of Human Rights and Fundamental Freedoms adopted in the year 1953 by the Council of Europe. And last but not least, I have to point out that I will add also my own provisions because it seems to me that challenges of the present epoch in which Europe is require in my opinion some additional provisions that are absent in above mentioned documents (or more precise wording of the existing ones).
I have divided all rights for the European federal constitution in thirteen articles and I will discuss them gradually. The thirteen articles will be:
Equality among people,
Right to life, personal freedom and security,
Right to judicial protection,
Right to privacy,
Freedom of expression and opinion,
Right of assembly,
Political rights,
Right of free movement and residence,
Social rights,
Family rights,
Rights of property,
Cultural rights,
Exercise of rights.
(I followed generally the structure of the Universal Declaration of Human Rights with some modifications trying to well convey importance and urgency of individual groups of rights though the order that I have chosen may be discussed as subjective. I omitted the theory of “three generations of human rights” that is allegedly reflected in the Charter of Fundamental Rights of the European Union, it is not important in my opinion but somebody may see something from it in my order too.)
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