REMEMBRANCE IN TIME - Index of

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3.2. Codification of fundamental rights
Remembrance in Time
Already in 1977 the legal practice of the ECJ was approved by the political organs of
the community. The European Parliament, the Council and the Commission adopted a
common decision on the protection of fundamental rights [23] in which they stressed the
overriding meaning of the respect for fundamental rights.
In article 6 paragraph 2 of the Treaty of Maastricht a commitment to the
fundamental freedoms was explicitly mentioned for the first time. However a
binding and explicit list of fundamental rights was missing. In fact article 6
paragraph 2 EU acknowledged the previous adjudication of fundamental rights of the
European Court of Justice.
The choice of words of the Maastricht Treaty, which was signed in 1992 also made
clear, that the EEC, which originally had been focused on economic integration,
meanwhile had changed to a Union also focused on political integration. In the
Maastricht Treaty the creation of a European Union (EU) and a European
Community (EC) was agreed upon. Besides the introduction of the European
Monetary Union, this Treaty brought about significant political innovations, e.g. the
introduction of an EU-citizenship for every citizen of a member state which
complements but not replaces the national citizenship (Art. 17 EC) as well as mainly
intergovernmental cooperation among the member states in the area of Foreign- and
Security-Policy
This line towards a stronger political orientation of the EU later was confirmed by the
Treaties of Amsterdam (1997) and Nice (2000). The Treaty of Nice also added a
sanctioning mechanism in article 7 EU for member states in breach of the provisions of
article 6.
Indeed a written warranty of fundamental rights existed but a written catalogue of
fundamental rights was missing. Two solutions were possible: The accession of the
ECHR or the composition of an own catalogue of fundamental rights. In 1979 the
Commission deliberated the accession of the ECHR. Two questions occurred: if the EU
(as being no state) could be a member of the ECHR and if the EC-Treaties allowed an
accession. Both questions had to be denied at that time. After several changes the
accession would be possible since 1 st June 2010 and therefore also planned by the organs
of the EU.
Under German initiative, the European Council of Cologne which convened in June
1999 took a very significant step for building a catalogue of fundamental rights within the
EU legal order. The aim of this initiative was set out in paragraph 44 of the Council
conclusions: “The European Council takes the view that, at the present stage of
development of the European Union, the fundamental rights applicable at Union level
should be consolidated in a Charter and thereby made more evident.” The Council’s main
concern was to make the rights more visible for the EU citizens. This intention was
explicitly set forth in the Annex IV of the Cologne Conclusions. According to the
Council, protection of fundamental rights was a founding principle of the Union and an
indispensable prerequisite for her legitimacy. On being constituted in December of that
year the "body" entitled itself the European Convention. [24]
The Convention adopted the draft on 2 October 2000 and it was solemnly proclaimed
on 7 December 2000. It was at the same time, however, decided to defer making a
decision on the Charter's legal status. [25]