
JANUS.NET, e-journal of International Relations
ISSN: 1647-7251
Vol. 2, n.º 1 (Spring 2011) pp. 14-26
European Identity – Supranational Citizenship
Paula Marques Santos e Mónica Silva
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The CFR
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consecrates all the civil, political, economic and social rights of all Union
citizens. It is a set of rights, freedoms and guarantees that decisively contributes to the
consolidation of the concept of European Citizenship, representing a synopsis of
common values of Member States of the Union. The Charter aims to promote human
dignity, illustrate the fundamental rights of European citizens, show the intellectual and
legal foundations of the Union and present it as a rule of law community of values. This
document ensures that all European institutions shall respect those fundamental rights
and guarantee they will be respected by all.
The Cologne European Council, which met in June 1999, deemed it convenient to bring
together the panoply of rights of all EU citizens in a single document, in order to clarify
them. For the first time in the entire judicial history of the European project, a
document encompassing all fundamental rights granted to citizens, which hitherto were
dispersed in many legal texts, was prepared, which was a real innovation. In this
fashion, the Council of Europe mandated a Convention to write a Charter project. The
EU’s Charter of Fundamental Rights was enforced in December of that same year,
presided by Roman Herzog, and included representatives
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from national parliaments
and governments of the Member States, Euro MPs and the European Commissioner
responsible for that area. The Convention’s
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meetings were open and all the
documentation produced as a result was made available online, so that citizens could
access and follow up on the work. The method chosen to write the Charter led to a
widened debate and, subsequently, to an agreed document that was approved by a
large majority on 2 October 2000. The Biarritz European Council that met on 13-14
October unanimously approved the Charter and sent it to the European Parliament and
the European Commission, which approved it on 14 November and on 6 December,
respectively. On 7 December and at the Nice European Council, the Presidents of the
European Council, Nicole Fontaine, of the Council, Jacques Chirac, and of the
Commission, Romano Prodi, signed the Charter on behalf of their corresponding
institutions, and, accordingly, its political value was recognized. The Constitutional
Treaty
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envisaged its integral inclusion in Part II, thus making it legally binding.
The Charter is drawn from several judicial sources and is the result of existing
legislation stemming from the Treaty that established the European Union, the Treaty
on the European Union, the constitutional traditions of the 15 Member States, the 1950
Council of Europe European Convention on Human Rights and additional protocols, the
body of laws of the European Court of Human Rights in Strasbourg, the body of laws of
the Court of Justice of the European Communities, the 1961 European Social Charter of
the Council of Europe, the 1989 Community Charter of the Fundamental Social Rights
of Workers, the United Nations Convention on the Rights of the Child, the Statute of the
International Criminal Court, among others. The Charter has 54 articles divided into 6
chapters: dignity, freedom, equality, solidarity, citizenship, and justice.
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This is the most recent declaration on fundamental rights worldwide, and the first of the new millennium.
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The Portuguese government was represented by Euro MP Teresa Almeida Garrett, by MP Maria Eduarda
Azevedo, and by Pedro Bacelar de Vasconcelos and Miguel de Serpa Soares (substitutes).
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There were public audiences with representatives of the civil society, and this generated over 1500
proposals on the contents of the Charter. National parliaments also started consultation processes,
parliamentary debates and collected opinions on the wording of the Charter.
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It was signed on 29 October 2004, but has not yet come into force.