EU에서의 기본적 인권보호 - TEU 제6조 2항을 중심으로 -

Abstract

When the European Economic Community was established in 1957, human rights did not figure in the political constructed by the Treaty of Rome. Fundamental rights protection within the EU has its roots the case-law of the ECJ. Fundamental rights as general principles that the ECJ protects were mentioned for the first time. In its subsequent case-law two sources of such concept were identified – consitutional traditions common to the Member States and international human rights treaties to which Member States are perties, first of all, the ECHR. Similar definition was later inserted in the Article 6 TEU. Article 6(2) TEU now requires the EU to accede to the ECHR. Article 6 TEU does not limit itself to providing a legal basis for accession, but states “The Union shall accede ….” By using the imperative, the article requires, without any doubt, the Union to accede to the ECHR. Also, on the side of the Council of Europe, Protocol No. 14 to the ECHR, which entered into force on 1 June 2010, regulates at least one crucial matter, since it contains a provision Article 17, which amends the ECHR by providing for the possiblility of accession of the EU.