The European Union citizens’ rights: international-legal and supranational aspects
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The system of sources regulating human and citizen rights in the European Union is considered; the peculiarities of the legal regulation of citizens' rights at the EU level are revealed; the types and studied the content of rights that are conditioned by the presence of citizens of the European Union are established. It has been found out that among these rights the electoral rights and rights of citizens of the Union in their relations with the institutions and agencies of the EU take a special place. The unique features of the legal protection of human rights in the EU are established based on the analysis of legal acts of the very integration association itself. The main sources of law here are the founding treaties (acts of primary law of the EU), the Charter of Fundamental Rights of the European Union and the acts of the institutions of the community. It has been found that the EU law is also a story of the grouping of basic human rights in the text of the Charter: the document lacks the traditional division of human rights into personal, civil, socio-economic. It seems that the founders of the Charter thus wanted to emphasize the equivalence of all groups of rights. Instead of the traditional Charter, an unusual classification was applied: in accordance with Article 2 of the EU Treaty, the document is divided into 7 sections, each of which is devoted to one of the EU's core values. In turn, the content of the latter is disclosed through the interpretation of certain rights and freedoms of human and citizen, guaranteed by the Union. It is noted that the European Union has reformed the general theory of electoral law, since it used to prevail in the concept of membership of political rights to elect and be elected to the authorities and self-government only in the presence of the national citizenship of the electoral state. It is proved that the uniqueness of the EU citizens' rights system is determined by the right to good administration in the Charter. This right regulates the main benchmarks for the procedural activity of EU institutions in their relations with citizens. The conducted research gives grounds to state that due to the uniqueness (supranationality) of the law of the integration association itself, the presence of such a phenomenon as the citizenship of the European Union, its citizens has more rights, compared with citizens of third countries. In particular, this concerns the electoral rights (the right to elect and be elected at elections of different levels) and the opportunities guaranteed in their relationship with the authorities - the institutions of the European Union
Authors and Affiliations
K. V Berezhna
Keywords
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- EP ID EP574670
- DOI 10.31733/2078-3566-2018-5-73-78
- Views 81
- Downloads 0
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