La carta dei diritti fondamentali dell'Unione Europea. Un analisi teorica

Abstract

In this essay the Nice Charter is read through the lenses of modern constitutionalism history. After discussing the Preamble, going through the theoretical debate over the controversial issue of European moral and spiritual heritage, the author examines the Charter as far as its formal structure is concerned discussing the validity of the new criterion introduced to group rights, one which apparently goes beyond the traditional tripartition (civil, political and social rights), being based on four values and two principles. The thesis put forward is that this is a mainly formal innovation since behind the re-ordering by values we find two classical classifying principles: an objective one, based on the different content of rights, and a subjective one, which points to those who are entitled to these rights. From the combination of these two criteria not always applied in a consistent fashion, inconsistencies come up.