EUROPOS SĄJUNGOS PAGRINDINIŲ TEISIŲ CHARTIJA KAIP INDIVIDUALIŲ TEISIŲ GYNIMO INSTRUMENTAS

Abstract

The article is aimed at finding an answer as to who the EU Charter of Fundamental Rights (hereinafter – the Charter) is addressed to at the supranational and national levels, as well as in which manner the Charter may be relied on for the protection of individual rights. The answer with regard to who is the subject of the Charter is sought through the analysis of the significance and the effect of the provisions of the Charter on the legislative and other activities of EU institutions, through the analysis of the importance of the Charter within the jurisprudence of the Court of Justice of the European Union, also through searching for answers to questions, in which scope national courts are guided by the Charter and whether an individual may directly rely on the provisions of it. The article inter alia concludes that both EU and national courts, when adopting judgments applying or relying on the provisions of the Charter, ensure a common level of protection of fundamental rights to all residents of Member States. However, also is concluded that the provisions of the Charter may only be relied on by the individual in cases where EU law is applicable. In the existence of different standards of protection of the same fundamental rights, the Charter will only become an effective instrument of protection of such rights when an individual is able to rely on the provisions of the Charter even in cases where EU does not directly apply.