歐盟基本權利憲章效力之探討

The Study about the Effect of EU Charter

本文旨在探討歐洲聯盟基本權利憲章的效力與實踐情形。歐盟基本權利憲章於2000年首次在法國尼斯的歐洲高峰會議上被公布，作為一份內容最為先進與完善的人權文件，甫一通過便引起了廣泛且熱烈的討論；然而其是否僅僅作為宣示用的美麗神話，也是它備受各方質疑的關鍵。直到2009年里斯本條約正式生效，明文賦予基本權利憲章與條約相同的法價值，近年在執委會、歐洲法院與各會員國的合力推動之下，這份文件已逐步成為歐盟（體）法（律）秩序中舉足輕重的角色。本文先行回顧歐盟過去關於基本權利保護之情形，再探討宣言性質的基本權利憲章具備何種價值，並以里斯本條約的生效通過為分界，釐清這份文件被賦予法效力後的解釋與適用，也透過執委會發布最新的一些報告書了解其實踐情形。

The purpose of this study is to explore the effect and practice of the Charter of Fundamental Rights of the European Union. The EU Charter of Fundamental Rights was first published by Nice European Council in 2000. As a human rights document with the most sophisticated and comprehensive, it was discussed widely and enthusiastically. However, it was questioned that whether the Charter as a declarative mythology. Since the Treaty of Lisbon has come into force in 2009, the EU Charter has the same legal value as Treaties. In recent years, the EU Charter has been promoted by the European Commission, the Court of Justice of the European Union and Member States, it has been becoming a pivotal role in European Union law. This article starts from the protection of the fundamental rights by EU before 2000. Further, this article detects the value of the Charter as Declaration and explores the interpretation and application of EU Charter by the demarcation of the Lisbon Treaty as a boundary after it had attained legally binding effect. And we can understand the practice of the EU Charter through the lastest some reports by European Commission.