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Israel de Jesús Butler
After the Charter of Fundamental Rights acquired legally binding status the European Commission published a Strategy Paper introducing measures to ensure that all legislative proposals were in conformity with the standards it contains. One of its stated goals was to bolster mutual trust between Member States to facilitate the operation of the area of freedom, security and justice. This article analyses the initiatives introduced by the Commission in light of existing practice to examine whether they have, or could in the future lead to, improved compliance of legislative proposals with the Charter and greater mutual trust in the European Union. It finds that the measures put forward, while a welcome step in the right direction, suffer from several shortcomings, and offers some suggestions on how they might be improved upon.
"The entry into force of the Lisbon Treaty has been a milestone for fundamental rights in the EU. The Charter of Fundamental Rights is now legally binding on the EU institutions when we make laws and on Member States when they implement EU law. But how can we make the Charter's rights a reality for people in their everyday lives? The Commission has drafted a new "fundamental rights checklist" that will make sure that all EU initiatives are systematically put to a "fundamental rights impact assessment" before their adoption. All EU laws must be fundamental-rights proof." European Commission Vice-President, Viviane Reding.
