The EU Charter of Fundamental Rights : an alternative to the European Convention on Human Rights?

Abstract

This paper tries to make a critical analysis of whether fundamental rights are adequately protected in the European Union (the "EU"). The topic is of interest in particular because of the continuing debate on the legal status of the EU Charter of Fundamental Rights (the "Charter") both within the Community courts and among the scholars • In dealing with these issues, consideration might usefully be divided into three sections. First, a brief account will be gone of the historical background of the EU's fundamental rights protection. Next, an examination will be made of the present legal basis for protection of fundamental rights in Community law. And finally, the gaps in the EU's fundamental rights protection will be critically assessed.