Relations (05/05/2007) - The influence of the Charter of Nice in the European Communities' Court of Justice's decisions about personal equality and dignity
Title: The influence of the Charter of Nice in the European Communities' Court of Justice's decisions about personal equality and dignity
Subject: The present article focuses on the impact of the Charter of Fundamental Rights proclaimed in December 2000, on the recent ECJ's jurisprudence concerning the matters of equality and human dignity.
The ECJ is reacting to the growing importance of fundamental rights protection by examining the question of the need to reconcile fundamental rights within the Community with fundamental freedoms enshrined in the Treaty. In the cases Schmidberger and Omega, the protection of fundamental rights is first pleaded as a specific justification for the restrictions of the obligations imposed by Community law, even in cases in which the obligation arises from a fundamental freedom guaranteed by the Treaty.
The impact of the Charter of Nice appears also in the P. c. S., K.B. e Richards cases. In these cases it is clear the increase of fundamental rights protection due to an extension of the non-discrimination principle.
This article aims to analyze the ECJ's progressive development due to the impact of the Charter of Nice and the capability of the ECJ to work as a constitutional judge striking a balance between fundamental rights and freedoms enshrined in the Treaty.
Original language: Italian
Classification: Art. 51 Scope - Art. 53 Level of protection
Notices: Effectiveness of the Charter
The comment examines some recent sentences of the CGCE in matter of dignity and equality to the light of the paper of Nizza