Responsive image
Article title The Charter of the Fundamental Rights as a Basis for the Formation of the Human Rights Standards of the European Union
Authors
Sviatoslav Dobryanskiy
Candidate of Law, Associate Professor, Leading Researcher of the Laboratory of Human Rights named after Academician Petro Rabinovych of the Scientific Research Institute of State Building and Local Self-Government of the National Academy of Sciences of Ukraine, Associate Professor of the Department of Theory and Philosophy of Law of the Ivan Franko National University of Lviv (Lviv, Ukraine) ORCID ID https://orcid.org/0009-0006-3620-2212 svatolex@gmail.com
Yuliia Fartukh-Stefaniuk
Researcher at the Laboratory of Theoretical Problems of Human Rights Research, Faculty of Law, Ivan Franko National University of Lviv, PhD student at the Department of Theory and Philosophy of Law, Ivan Franko National University of Lviv (Lviv, Ukraine) ORCID ID https://orcid.org/0009-0005-4935-2490 fartjulie1@gmail.com
Magazine name Legal journal «Law of Ukraine» (Ukrainian version)
Magazine number 7 / 2025
Pages 9 - 20
Annotation

The implementation of the provisions of the Association Agreement with the European Union (hereinafter referred to as the EU) requires Ukraine to master the legal standards of human rights and freedoms of this international formation. Today, the principle of protecting human rights and freedoms in the EU is clearly enshrined in the founding documents of this organization and serves as a criterion for verifying acts and actions that arise in the process of functioning of all its bodies and institutions. The original fundamental treaties establishing the European Communities did not contain provisions on the need to respect fundamental human rights.

In view of the above, the purpose of the study is to study the general patterns and features of the legal guarantee of fundamental rights in the EU in order to further create a normative model for the effective implementation of such standards of rights in the legislation of Ukraine.

The article examines the features of the formation of legal standards of human rights in the EU.

The norms of the EU Charter are analyzed as a fundamental legal act in the sphere of the formation of this international association’s own international standards of human rights.

It is argued that the system of human rights legal protection in EU law has gone through a long path of formation and development: from the initial denial of the need to recognize such rights to the adoption of a separate international act – the EU Charter, endowed with the legal force of the EU founding treaties. The European legislator did not limit himself to giving the norms of the EU Charter the force of the founding treaties, but also included in the Lisbon Treaty the obligation of the EU to accede to the European Convention on Human Rights.The issue of the EU’s accession to the ECHR remains open, but it is beyond doubt that the EU Charter today serves as the main source for the formation of international human rights standards of this international association. The norms of the EU Charter of Fundamental Rights were not only given higher legal force in the system of sources of EU law in accordance with the provisions of the Lisbon Treaty, but the provisions of the EU Charter are applied by the Court of Justice of the EU as the main source of human rights standards in the process of verifying the legality of acts and actions of the institutions and bodies of this international formation.

Keywords international standards of human rights; legal status of a person; Charter of Fundamental Rights of the European Union; human rights
References

Bibliography

Journal articles

1. Rosas A, ‘The Court of Justice of the European Union: A Human Rights Institution?’ [2022] 14(1) Journal of Human Rights Practice 210.

2. Dobrianskyi S, ‘Instytut prav liudyny u pravoporiadku Yevropeiskoho Soiuzu: osoblyvosti stanovlennia ta rozvytku’ [2014] 60 Visnyk Lvivskoho universytetu Seriia yurydychna 18–27 (in Ukrainian). Conference papers

3. Bandas D, ‘Zakhyst prav liudyny v Yevropeiskomu Soiuzi’, Ekonomika Ukrainy v umovakh hlobalizatsii i rehionalizatsii: zb. tez dop. Mizhnar. nauk.-prakt. konf. stud. ta molod. vchenykh (TNEU 2014) 154–158 (in Ukrainian). Websites

4. Rideau J, ‘Le role de l’Union europeenne en matiere de protection des droits de l’homme’ (The Hague Academy Collected Courses Online 1997, Volume 265) (accessed 12.05.2025).

Electronic version Download