ECにおける人権保護政策の展開-社会労働憲章の成立まで-

政治統合に向かうEC

抄録

There have been three contexts in the protection of fundamental rights at the EC level. One concerns the relationship with the European Convention on Human Rights (ECHR). In this context, the EC Commission proposed that the EC should accede to the ECHR, which means that the rights contained in it are treated as the list of fundamental rights of the EC. This idea was supported by the EP, the ESC and the Council of Europe, but was rejected by the EC Council in spite of the intiatives of the Dutch Presidency. Therefore, this idea lost political impetus.
Another stems from the EP's attempts to reform the EC's institutionl framework leading up to the draft European Union Treaty, which stipulates that within a period of five years, ‘the Union shall adopt its own declaration on fundamental rights’ (Art. 4.3). Though this draft was not adopted, the EP took action under that provision. The result is the adoption of “the Declaration of Fundamental Rights and Freedoms” by a vast majority on 12 April 1989, which contains not only civil and political rights but also social and economic rights. Yet this declaration is nothing but a unilateral resolution of the EP.
The other context concerns the social dimension of the internal market. The EC Commission is convinced that 1992 will succeed only if both sides of industry are involved in it and that efforts must be made to prevent distortions of competition from leading to forms of social dumping. Therefore, the EC Commission proposed the EC Charter of Fundamental Social Rights, which was adopted by all the member states except Britain in the Strasbourg Summit on 9 December 1989 as “the Community Charter of Basic Social Rights for Workers”. This Charter is a “Solemn Declaration” which is not itself legally binding. It is to be implemented according to the action programme by the EC Commission.
Considering the EC's long-term developments after 1992, it is essential, as a source of political legitimacy, that a list of fundamental rights should be adopted at the EC level. In that case, two scenarios exist. One is the re-launching of the idea of the EC's accession to the ECHR. The other is the adoption of fundamental rights in proportion to increased powers of the EC at an intergovernmental conference in the future, possibly in the form of a “Solemn Declaration” by the heads of the governments. These are not incompatible with each other. It is possible that they will happen on the same occasion.