Protection of Fundamental Rights in European Union Law. The Ukrainian Context

The European Union constitutes a particular type of international organisation, the development of which dates back to the 1950s, with the establishment of the European Coal and Steel Community, the European Atomic Energy Community, and the European Economic Community. Initially, cooperation among states was limited exclusively to the economic sphere; however, from the late 1960s onwards this approach evolved, with the Union recognising the need to ensure the protection of individual rights and freedoms within its own legal order.

When analysing the EU system for the protection of fundamental rights, primary reference must be made to Article 2 of the Treaty on European Union (TEU), which sets out the catalogue of values upon which the Union is founded. According to this provision, “the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.” Both the catalogue itself and the order in which these values are listed clearly demonstrate that the European Union has moved away from the earlier paradigm that prioritised primarily the parallel and continuous economic development of the Member States. At present, the individual—endowed with inherent and inalienable dignity as the source of his or her rights and freedoms—occupies a central position. This does not, however, signify an abandonment of economic cooperation, but rather a transformation in the manner of its implementation. A shift in priorities has thus occurred, which is explicitly reflected in the Treaties themselves. By way of example, one may point to the increased involvement of civil society in decision-making processes. The values referred to above not only define the framework for cooperation within the Union, but are also fully respected and protected in the EU’s external activities. This is evidenced, inter alia, by the conditioning of the conclusion of trade agreements on the level of respect for fundamental rights in third states, as well as by the establishment of a global human rights sanctions regime. This means that the Union has, de facto, assumed responsibility for the protection of human rights across all areas of its activity.

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