Concomitant with the entry into force of the Lisbon Treaty on December 1, 2009, many of the alleged weaknesses of the mechanisms of protection of fundamental rights are in the process of being addressed: the Charter of the Fundamental Rights of the European Union ("Charter") has acquired binding force, the European Union is due to accede to the European Convention of Human Rights, and the Fundamental Rights Agency ("Agency") has been established as a European Union ("EU") body in charge of monitoring the correct implementation of fundamental rights throughout the Union. This Essay will address three main questions. First, a question of legitimacy: is it of any consequence that the Charter has the same legal value as the treaties but is not part of the treaties? Second, a question of subsidiarity: what is the right level for the protection of fundamental rights? Last, a question of efficiency of the protection of fundamental rights: what role can the European Union Fundamental Rights Agency play?
Jacqueline Dutheil de la Rochere,
Challenges for the Protection of Fundamental Rights in the EU at the Time of the Entry into Force of the Lisbon Treaty,
33 Fordham Int'l L.J. 1776
Available at: http://ir.lawnet.fordham.edu/ilj/vol33/iss6/5