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THE TEST OF THE EU HUMAN RIGHTS CONCEPT IN THE TIME OF CRISIS – SOME CONSIDERATIONS
Abstract
The contribution will focuse on the most controversial issues in the mechanism of human rights protection at the level of the EU and their current reflections in the time of crises, including the proposals de lege ferenda. The key part of the paper will be dedicated to the issues of the judicial enforcement of the provisions of the Charter reflecting the fact that this Union’s catalogue of human rights does not bring its own control mechanism in the form of the special procedure (on the contrary to the European Convention on Human Rights).In this respect will be analysed the actual conditions for the individuals to challenge the rights declared by the Charter before the Luxembourg Court under art.263 para4, including the restrictions connected with the status of the private parties as non-privileged plaintiffs. In this respect the recent case-law of Luxembourg Court will be examined, especially those, which had defined the concept of "regulatory act" in the intention of the provision of art.263 para 4. Considerable part of the paper will be dedicated to the future prospects of the improvement of the mechanism of the Charter.
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