[ 周大勇 ]——(2004-1-2) / 已閱38676次
Compare http://europa.eu.int/comm/justice_home/unit/charte/
See www.eurotreaties.com/amsterdamprotocols.pdf
Compare J Weiler Does the European Union truly need a Charter of rights? At 1-2, 6 ELJ, editorial, 2000
Indeed, the issue of the Charter's legal status - i.e. whether to make it legally binding by incorporating it into the Treaty on EU has been raised even by the Cologne European Council, which originally launched the Charter initiative. The Convention drew up the draft Charter with a view to its possible incorporation, and the European Parliament voted in favor of incorporation. The Nice European Council also considers the question of the Charter's legal status during the general debate on the future of the European Union.
See Commission Communication, COM (2000) 644, 11 October 2000
See Art I-7 draft Constitution
The Council of Europe has already 44 member states in September 2002 and remains open to new members, on the condition of being democratic states.
CONV 354/02, WG II 16 p.7, Brussels, 22 October 2002
The Union regards the power of instruments of Council of Europe, but interpret them in EU context by the Court of Union.
Compare The Charter in the European context--Two systems working together for human rights, par 3. See http://europa.eu.int/comm/justice_home/unit/charte, according to the appointment of judge in ECtHR, they come from each member states, see the introduction of Council of Europe, www.coe.int
Compare Darcy S. Binder, The European Court of Justice and the Protection of Fundamental Rights in the European Community, The Jean Monnet Center working paper, 1995, see http://www.jeanmonnetprogram.org/papers/95/9504ind.html
The same as footnote above
See www.europa.eu.int/comm/justice_home/unit/charte/ en/systems-context-2-systems
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