유럽인권협약의 유럽연합의 기본권 헌장 속에서의 계승과 발전

• 영문명: The Influence and Adoption of the European Convention on Human Rights in the European Union Charter of Fundamental Rights
• 발행기관: 세계헌법학회 한국학회
• 저자명: 朴眞完(Zin-Wan Park)
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第13卷 第1號, 345~376쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.01

영문 초록

  The European Convention on Human Rights protects typical classic rights to liberty such as the right to life, the prohibition of torture, protection from slavery and forced labor, the right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, the right to marry, prohibition of discrimination, protection of property as well as basic right in judicial procedures for instance personal liberty and security, the right to effective remedy, right to a fair trial, no punishment without law. The freedoms and rights in the European Convention on Human Rights have a great influence on the European Union Charter of Fundamental Rights und most of them are adopted in it.
  According to Art. 52 EUCFR / Art. II-112 (3) CT-IGC relating to the Interpretation of fundamental rights in the European Union Charter of Fundamental Rights which correspond to fundamental rights of European Convention on Human Rights the relation between the European Union Charter of Fundamental Rights and the European Convention on Human Rights has changed in qualitative form. Insofar as fundamental rights in the European Union Charter of Fundamental Rights contain the rights correspond to the rights guaranteed by fundamental rights of European Convention on Human Rights, these rights have the same meaning and scope in application of the law. The European Convention on Human Rights and its Interpretation made by the European Court of Human Rights play a decisive role as source of recognition for the law (Recthserkenntnisquelle) in the interpretation of basic rights in the Charter. Under Art. I-9 (2) CT-IGC the European Union, as legal person, would accede to the European Convention on Human Rights.
  The European Union Charter of Fundamental Rights has no legally binding commitment, because the original text of the Charter in 2000 was not declared as obligatory among the states of EU. If the European Union Charter of Fundamental Rights has a binding character, it forms the central source of law in the european fundamental rights. The European Union Charter of Fundamental Rights accede to the Part II of the European Constitutional Treaty 2004. Now it is located with the Euroepan Constitutional Treaty in the uncertain process of ratification. At this point of time one can rate the importance of European Convention on Human Rights not low.

목차

Ⅰ. 서
Ⅱ. 유럽헌법조약을 통한 유럽연합의 유럽인권협약의 가입
Ⅲ. 유럽인권협약상의 자유권 규정의 유럽연합의 기본권 헌장에의 수용
Ⅳ. 결론
참고문헌
ABSTRACT

키워드

유럽인권협약 유럽연합의 기본권 헌장 유럽헌법조약 사형제의 금지 기본자유 국제법 속에서의 헌법주의 유럽인권법원 The European Union Charter of Fundamental Rights The European Convention on Human Rights The Euroepan Constitutional Treaty Abolition of death penalty Fundamental Freedoms Constitutionalism in international law The European Court of Human Rights