EU charter: Its nature, innovative character, and horizontal effect

Abstract

The European Union, moving towards citizen's Europe, cannot avoid responsibility for guaranteeing basic rights for those who are contributing to the internal market. Complicated history of protecting human rights within the EU has, at least, reached the next level-Charter of Fundamental Rights. There are certain prerequisites explaining the existing Charter, societal need, and rule of law from one side and federalist ambition from the other side. CJEU case law marked important milestones before drafting the Charter and now, after the adoption of the Charter, helps to ascertain the somewhat controversial and complex nature and content of that remarkable legal text. Several authors, critical or not, call the Charter innovative and intricate because of its manifold content and character. There are still interpretations that can be differentiated; there are still approaches and doctrines that try to frame the future of the Charter by different methods. The contribution makes reference to the Charter's best practice (or, at this stage, theory) at several member states of the EU, particularly at Estonia.