Monitoring Fundamental Rights in the EU: The Contribution of by Philip Alston, Olivier De Schutter

By Philip Alston, Olivier De Schutter

Coherent legislation enforced by way of a government are a part of reasons why human rights safeguard works on the nationwide point in Europe. but if it involves the ecu those dimensions are missing. the current process for shielding basic rights emerged on an advert hoc foundation. within the subsequent couple of years, even if, this example is probably going to alter very considerably. The proposed eu structure comprises the european constitution of basic Rights, and a really expert european basic Rights organization might be confirmed. for that reason, the placement of the european will extra heavily resemble that of its Member States. basic rights will occupy a primary function, and coherent and systematic preparations could be in position to guard rights, utilizing either judicial and non-judicial potential. This quantity is the 1st to severely learn the proposals recommend via the ecu fee in October 2004 at the production of the ecu basic Rights enterprise.

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Extra resources for Monitoring Fundamental Rights in the EU: The Contribution of the Fundamental Rights Agency

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2 of the communication suggest that the agency’s remit should be primarily to monitor the EU, rather than the Member States under Article 7 EU, section 4 argues against a role for the agency in external policy, section 1 rules out a complaints or petitions role, and section 8 suggests that the agency will be a ‘lightweight’ structure in terms of resources (staff and budget). The preferences thus expressed by the Commission in its communication are very likely to reflect at least in part the ongoing discussion taking place with Member States, and the Commission’s sense of what will be politically acceptable.

INTRODUCTION T HIS CHAPTER EXAMINES the operation of agencies as an element of the emerging “new modes of governance” in the EU, and considers whether such modes of governance are in tension with the requirements of human rights protection. Most of the other chapters in this collection begin from the perspective of human rights protection, and proceed to consider how an agency dealing with fundamental rights1 might operate within the EU system. This chapter, by way of contrast, begins by looking at the particular character of EU governance, and more specifically at the recent rise in the establishment and use of agencies at European level, situating this development in the more general context of changing approaches to regulation in the EU.

38 Olivier De Schutter the European Court of Justice to the delegation of powers by the institutions of the Union (b). These proposals are also based on the conviction of the author that further developments of Union law should develop in conformity with the international and European law of human rights (c), and that the chances of the Fundamental Rights Agency succeeding in fulfilling its future tasks will be improved if it builds on the governance mechanisms already existing in the Union (d).

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