T H E O L O G O S - Prešovská univerzita v Prešove

Bożena Drzewicka
Though, a fact to be taken into account was the differentiated legal
dependence of the member states. For that reason, in Par. 5 of the Preamble
to the Charter of Fundamental Rights only the European Union
Treaty, the European Convention on the Protection of Human Rights and
Fundamental Freedoms, and the earlier Community Treaties are mentioned.
Together with Arts. 52 and 53 of the Charter those references should
be viewed as ones providing for an unambiguous extent of the European
protection of human rights, which must be produced as much as it is
guaranteed in the Convention. What emerges in a normative system of
human rights for Europe. Its foundations are the constitutions of the number
states as well as the Strasbourg and Luxembourg systems. However,
the normative system in question does not seem to be uniform 38 . One can
ask how an individual living to Europe whose rights are protected by
many instruments, takes advantage of the rights and wonder if the European
protection model could become attractive for other cultures and
civilizations.
In the EU, the fundamental rights are treated as absolutely necessary.
These rights are guaranteed by institutions and organs of the EU (or the
Communities) as well as by the Council of Europe. Everyone can take
advantage of the rights and no limitations should be initiated. According
to Par. 6, the use of the rights involves a responsibility and certain obligations
with respect to other people, mankind and future generations. Thus
the human rights and freedoms have a close connection to responsibility
and duties towards people and towards the common good 39 . A modern
dualistic conception is reflected here. The basic rule of the Union is the
protection of fundamental rights. If has a political and a moral discussion,
and legitimizes any other EU activity. It is declared that the principles of
human dignity, liberty, equality and solidarity 40 are the Union’, foundations.
A subsequent reference is that to “common values” as a basis for
the security and peace of each European nation. Taking this into account
the Union develops different partnerships that contribute to the creation
of a common area of peace, stability and welfare. The area aimed at is
to include the Asian Middle East as well as Northern Africa within the
38
C. Mik, Koncepcja normatywna prawa europejskiego praw człowieka. Toruń 1993, p.
21-30, cont.
39
Updated Explanations relating to the text of the Charter of Fundamental Rights. CONV
828/1/03 REV1 Brussels 18.07.2003; For a detailed discussion see: D. Hübner, Czy dobro
Europy jest dobrem Polski? In: Dobro wspólne. Forum Dialogu. Gdański Areopag.
Gdańsk 2001, p. 56-62, and the debate on p. 10-41.
40
The Charter…, ibidem p. 7. In the draft, the term „principles” had been used; his was
substituted by „common values”.
36