2010Arrow@dit (Dublin Institute of Technology)Open access

Fundamental Rights Protection in the European Union post Lisbon Treaty

Laurent Pech, Xavier Groussot

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Abstract

With the entry into force of the Lisbon Treaty last December, the EU Charter of Fundamental Rights has finally become a legally binding and core element of the Union's legal order. This is not, however, the sole major change, albeit undoubtedly the most controversial, brought about by the Lisbon Treaty as the EU has also gained the constitutional power to seek accession to the ECHR. Before offering a concise yet critical overview of the legal impact of these two keys changes, or rather the likely impact in the case of EU accession to the ECHR, the content of the main amendments made to Article 6 TEU, the key treaty provision as far as EU respect for fundamental rights is concerned, will be briefly described.

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What this paper is about

With the entry into force of the Lisbon Treaty last December, the EU Charter of Fundamental Rights has finally become a legally binding and core element of the Union's legal order. This is not, however, the sole major change, albeit undoubtedly the most controversial, brought about by the Lisbon Treaty as the EU has also gained the constitutional power to seek accession to the ECHR. Before offering a concise yet critical overview of the legal impact of these two keys changes, or rather the likely impact in the case of EU accession to the ECHR, the content of the main amendments made to Article 6 TEU, the key treaty provision as far as EU respect for fundamental rights is concerned, will be briefly described.

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Available abstract

With the entry into force of the Lisbon Treaty last December, the EU Charter of Fundamental Rights has finally become a legally binding and core element of the Union's legal order. This is not, however, the sole major change, albeit undoubtedly the most controversial, brought about by the Lisbon Treaty as the EU has also gained the constitutional power to seek accession to the ECHR. Before offering a concise yet critical overview of the legal impact of these two keys changes, or rather the likely impact in the case of EU accession to the ECHR, the content of the main amendments made to Article 6 TEU, the key treaty provision as far as EU respect for fundamental rights is concerned, will be briefly described.

Key concepts: European union, Treaty, Political science, Treaty of Lisbon, Law, International trade, Human rights, European integration

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