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Protection of fundamental rights is a founding principle of the Union
and an indispensable prerequisite for her legitimacy. The obligation of the
Union to respect fundamental rights has been confirmed and defined by the
jurisprudence of the European Court of Justice. There appears to be a need, at
the present stage of the Union's development, to establish a Charter of
fundamental rights in order to make their overriding importance and relevance
more visible to the Union's citizens.
The European Council believes
that this Charter should contain the fundamental rights and freedoms as well as
basic procedural rights guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms and derived from the
constitutional traditions common to the Member States, as general principles of
Community law. The Charter should also include the fundamental rights that
pertain only to the Union's citizens. In drawing up such a Charter account
should furthermore be taken of economic and social rights as contained in the
European Social Charter and the Community Charter of the Fundamental Social
Rights of Workers (Article 136 TEC), insofar as they do not merely establish
objectives for action by the Union.
In the view of the European
Council, a draft of such a Charter of Fundamental Rights of the European Union
should be elaborated by a body composed of representatives of the Heads of
State and Government and of the President of the Commission as well as of
members of the European Parliament and national parliaments. Representatives of
the European Court of Justice should participate as observers. Representatives
of the Economic and Social Committee, the Committee of the Regions and social
groups as well as experts should be invited to give their views. Secretariat
services should be provided by the General Secretariat of the Council.
This body should present a draft document in advance of the European Council in December 2000. The European Council will propose to the European Parliament and the Commission that, together with the Council, they should solemnly proclaim on the basis of the draft document a European Charter of Fundamental Rights. It will then have to be considered whether and, if so, how the Charter should be integrated into the treaties. The European Council mandates the General Affairs Council to take the necessary steps prior to the Tampere European Council.