The Charter of Fundamental Rights of the European Union on the twenty-fifth anniversary of its elaboration: recollections and learnings

Abstract

This article reflects the personal view of its author, who played a prominent role both in formulating the procedure for drafting the Charter –the convention–and in its writing as Vice-President of the body responsible for undertaking it.

After dissecting the situation of fundamental rights in the European Union and the absence of a document where these were embodied, the author reflects upon the reasons that motivated the adoption of the assignment: the creation of a convention that would combine both national and European legitimacy, and the avatars that happened during the eleven months in which
the delegates carried out their work.

The autor also analyzes the content of the Charter as well as the divergences about its legal value and its full force before and after its integration into the Treaty of Lisbon.

In addition to the remembrances, the author draws lessons from this endeavor, groundbreaking for the future of the European Union.