The Charter of Fundamental Rights and the European Res Publica

Abstract

This Chapter analyses the Charter and its role within the constitutional legal order of the European Union. The author proceeds from the assumption that the protection of fundamental rights at the EU level through a binding Bill of Rights is essential for the unity of the system. A European res publica requires the interplay between both political and judicial bodies. The Charter codifies the existing rights and ensures legal certainty. On the other hand, it acts as a parameter of legality for the EU institutions and assigns to the Court of Justice the task of ensuring its respect. In this sense it is argued that the Charter will contribute to the constitutional legitimacy of the EU.