Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interests recognised by the union or the need to protect the rights and freedoms of others.”(Art. 52.1)1
It can be argued that the charter of fundamental rights of the European Union does not introduce human rights to the EU context. Most national constitutions include their own human rights catalogue. This in itself cast doubt at to whether the charter added much to the EU principles.
“The provisions of this charter are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and to the member states only when they are implementing Union law.”
The charter have a political objective of enhancing European identity among the citizens. The distinction between the political pitfalls and the legal achievements of the constitutional process extends to the charter of fundamental rights.
It can be said that the original simplicity of a single constitutional document including among others, the charter of fundamental rights is replaced by the continuation of the acrimonies temple construction of different Treaties, and legal sources. A typical example, is the recent coming into force of the Lisbon treaty in which obscurity replaces real clarity. Legal reforms measures are easily maintained, while the political objectives are largely abandoned.
The so called identity-enhancing potential of the charter of fundamental rights is further diminished by the protocol number 30 attached to the treaty of Lisbon which concerns the application of the charter to Poland and the UK.
In addition, the charter of fundamental rights, solemnly proclaimed at Nice in December 2001, constitutes a powerful assertion of the importance of weaving the protection of fundamental rights deep into the very fabric of the