Idolatry of rights and freedoms reflections on the autopoietic role of fundamental rights within constitutionalization of the european union

Abstract

Each system of governance that is able to regulate lives of human beings necessitates internal system of brakes and restrictions, which serve as the basic guarantee of the protection of dignity, privacy, and happy life of the individual. Only then can it be considered legitimate, democratic, and entitled to permanent existence. Only such a system can be described as a constitutional one. When the ambition of the European Union is to bear signs of the constitutional order, it is necessary to accept and actively create a supranational system of protection of fundamental rights of the individual. This chapter is devoted to the creation of that system and its basic elements-the Charter, Convention and General Principles. It also seeks to uncover the role of each of them within that complex structure of instruments.