The protection of fundamental rights in the legal order of the European Union

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This study was drafted during a significant period for European fundamental rights. After nearly four decades of gradual development by the European Court of Justice, the adoption of the Charter of Fundamental Rights of the European Union on 7 December 2000 marked a pivotal moment, encapsulating the core substance of the European acquis in fundamental rights. Initially, the Charter was a solemn proclamation without direct legal effect. However, the Lisbon Reform Treaty of 13 December 2007, which came into force on 1 December 2009, incorporated the Charter into the Treaty framework, declaring it legally binding and equal in value to Treaty law. This development led to an analysis of the institutional protection of fundamental rights, focusing on the judicial protection system within the Community/Union legal order. The study concludes that the existing system can be adapted with minor adjustments to provide comprehensive and effective remedies for violations of individual fundamental rights. Consequently, the introduction of a specific fundamental rights complaint as an additional procedural instrument is deemed unnecessary.