A Charter of Rights, Freedoms and Principles

TLDR: The European Union Charter of Fundamental Rights as discussed by the authors was the first comprehensive statement in the human rights field, which was the result of a hectic 9 month negotiating programme in which I was privileged to participate as the UK Government representative.

Abstract: At the Nice European Summit in December 2000, the three organs of the Union – the Council (acting for the Member States), the Commission and the European Parliament – solemnly proclaimed the EU Charter of Fundamental Rights. This first comprehensive statement in the human rights field was the result of a hectic 9 month negotiating programme in which I was privileged to participate as the UK Government representative. In this article, I would like to recount something of the history of those negotiations and some personal reflections on the Charter to which we helped give birth.1 My paper draws its title from the final sentence of the Charter’s preamble: “The Union therefore recognizes the rights, freedoms and principles set out hereafter.” These words, and the Conclusions of the June 1999 Cologne European Council, which set up the work of the Charter, are the best basis for considering the nature of the European Union’s new Charter of fundamental rights. Reaction to the Charter has been a heady mixture of misunderstanding, hostility and unrealistic expectations. I would like to start therefore with the historical background to the Charter and its place in the historical development of the European Union since it helps me to put it in its proper context.