EUROPEAN CONSTITUTIONAL HERITAGE: PROTECTION OF HUMAN RIGHTS IN THE PERSPECTVE OF THE EU MEMBERSHIP TO THE ECHR

As guardian of the rights of Europeans, the European Union (EU) became a supranational system based on democracy and where the treaties and the EU human rights principle operates as constitutional law. Into the European constitutional framework, from the second half of the last century, the political and judicial institutions of Europe have committed in creating a European constitutional order in which prevails the protection of human rights. The fundamental values belong to the European constitutional heritage, to Europe without borders and without double standards of protection. Moreover, the law of the European Union, it is without doubt, a form of European Public Law based on a system of administrative and, increasingly, constitutional law including its own Charter of Human Rights. The rights declared in the constitutions of the Member States must found concrete tools to render them effective. To ensure the effectiveness of the protection of human rights on our continent, the European Union's adherence to the European Convention of Human Rights (ECHR) is considered to be the ideal tool in the absence of a legal and formal link between the systems of Strasbourg and Luxembourg.