Brussels, 13/09/2000 (Agence Europe) - The European Commission adopted, on Wednesday, a Communication on the Charter of fundamental rights which underlines that this draft is the carrier of real added value and that the Charter must remain both pragmatic, in that it must not give in to the temptation to "innovate at all costs" and ambitious, to the extent that it is codifying from various sources and integrates economic and social rights and dedicates certain "new rights" (protection of data, bioethics, good governance). The Commission also underlines that the Charter: (1) will neither be a vehicle nor in favour of an extension, nor for the reduction of the Union competence; (2) will not call for the modification of the Member States constitutions; (3) will not modify the jurisdictional appeal and architecture offer by the Treaty; (4) does not imply, nor involve, nor prevent, accession to the European Human Rights Convention. The Commission underlines that the Articles in the Charter are grouped around six fundamental values that form the chapter heading: dignity, freedoms, equality, solidarity, citizenship and justice. More generally , the Commission feels that the right adopted in the preliminary draft of last July form a balance group. However it wishes for certain rights to receive a more explicit formulation. This notably concerns the right to strike (Article 26), to union freedom (Article 12) and the European dimension of these rights, which should be affirmed. In other cases the Commission would favour stronger formulations, notably with regard to the protection of the environment, in Article 35.
Furthermore, the Commission underlined that the adoption of the Charter would enable, at a time when the EU is developing a true common foreign and security policy, to give a clear answer to those who accuse the Union of making use of "two weights and measures" in terms of human rights, on an internal and external level.
During a press conference, Commissioner Antonio Vitorino explained that the European Commission had decided to rejoin the consensus around the preliminary draft Charter, while underlining the need for certain changes", notably to take into account several remarks by civil society. Mr Vitorino underlined the innovative character of a Charter that asserts the indivisibility of civil and political rights, but also economic and social and insists on the added value that this text could bring support to the protection of citizens independently from its binding character. The Commission making allusion to the fact that, even as a simple declaration, this text would be a source of inspiration to the courts. "The binding character of the Charter is not a question of theology, it is necessary to appreciate it in relation to the text', said Mr Vitorino, when indicating that the Commission will take a position on the legal nature it should grant to the Charter in the framework of the preparation for the European Council Biarritz and in the light of the final text.