FUNDAMENTAL RIGHTS IN THE EUROPEAN UNION: THEORETICAL AND LEGAL FOUNDATIONS

Abstract

The article provides a comprehensive theoretical and legal study of Fundamental Rights in the law of the European Union as one of the key elements of the modern european legal order. The study analyzes the peculiarities of the legal nature of Fundamental Rights, their place within the system of sources of EU law, as well as the significance of the Charter of Fundamental Rights of the European Union within the mechanism for the protection of Human Rights.

The purpose of the research is to clarify the legal nature of fundamental rights in European Union law, determine their place within the system of sources of EU law, and analyze the peculiarities of the functioning of the Charter of Fundamental Rights of the European Union and the limits of its application within the contemporary European legal order.

The methodological basis of the study consists of a combination of general scientific and special legal research methods. The historical-legal method was used to examine the evolution of the human rights protection system within the European Union. The formal-legal method was applied to analyze the provisions of the EU founding treaties and the Charter of Fundamental Rights of the European Union. The comparative legal method was used to study the relationship between EU law, international human rights standards, and the national legal systems of the Member States. The systemic-structural and hermeneutic methods made it possible to determine the place of fundamental rights within the structure of the EU legal order and to interpret the provisions of the Charter of Fundamental Rights of the European Union.

The research establishes that fundamental rights in European Union law possess a complex and multi-level legal nature shaped by the general principles of EU law, international human rights standards, and the constitutional traditions of the Member States. It is proved that the formation of the human rights protection system within the EU evolved gradually and was significantly influenced by the case law of the Court of Justice of the European Union. It is determined that the contemporary system of sources of fundamental rights in EU law includes the Charter of Fundamental Rights of the European Union, the general principles of EU law, and international human rights standards, primarily the provisions of the European Convention on Human Rights.

Particular attention is devoted to the analysis of the Charter of Fundamental Rights of the European Union as a key source of human rights in EU law. It is established that Articles 51 and 52 of the Charter have a system-forming significance in determining the limits of its application and the criteria for permissible restrictions of human rights. The study substantiates that the general principles of EU law, including the principles of proportionality, legal certainty, equality, non-discrimination, and protection of legitimate expectations, constitute an important foundation for the functioning of the human rights protection system within the European Union.

The article concludes that fundamental rights in European Union law should be regarded as a fundamental value-based and normative foundation of the contemporary European legal order, determining the directions of further European integration based on democracy, the rule of law, and respect for human dignity.