The Changing Workforce in American Businesses

Following a case study of the ECJ, one finds contradictions in its application. Sometimes the Court of Justice does not consult the EU Charter or limits the scope of EU law in view of the Charter. The main causes could be lack of consistency and predictability. Still, the EU Charter ought to be the main compass for the Court; it should not be skipped. The instruments of the Charter give flexibility in defining its scope of applicability, which ought not to create any court worry. Examining the contents of the Charter reveals that it supports a fresh culture of basic rights. On one side it unifies the political and cultural rights; on the other it unites the socioeconomic rights. Thus, the Charter is special as the 1948 Declaration is not legally obligatory unlike the Charter. 

One could regard the Charter as a basic rights catalog. 

The catalog also brings a fresh quality in the field. Actually, the Charter constitutionalizes rights particular to the European Union. First, this paper addresses the right to good administration, citizen political involvement on the supranational level, and freedom of movement.Generally speaking, people value protection and promotion of human rights in a democratic society as lowest requirements to be followed by any political establishment. Democratic leaders have to avoid violating human rights and liberties. The rights ensure citizens' liberties and safe certain rights that allow them to sufficiently control the power and influence the operation of the Union. The Charter expands Union members' basic rights. Until now, the protection has followed European Union Court of Justice's case law. Ultimately, following the values of openness and transparency, the examined Charter article on the right to good administration makes the Union administration open, efficient, and independent. On one side it unifies the political and cultural rights; on the other it unites the socioeconomic rights. Thus, the Charter is special as the 1948 Declaration is not legally obligatory unlike the Charter. One could regard the Charter as a basic rights catalog. The catalog also brings a fresh quality in the field.

Likewise, the article helps every person to enjoy their rights and increases professionalism and independence of the government from political interference first of all. 

As we have already said, the insertion of the right of access to documents in the Charter marks a necessary component of the whole attempts to make the decision-making process and the EU institutions more democratic, open, and transparent for its citizens. The European Convention on Human Rights and Fundamental Freedoms knew nothing about the right of access to records. Article 42 of the Charter now embodies this right. The study of the TEU's provision reveals that the attitude from Article 1 moves and generates more exacting results. Furthermore, this article supports the clauses of Declaration No. 17 concerning the right of access to information63 along the Treaty of Maastricht, so establishing the legal basis for the activities aiming at the strengthening of the democratic character of European institutions, so improving the level of trust of the public in European administration by means of transparency. The former qualification of Article 42 of the Charter could imply that it is crucial for maintaining and advancing the democratic legitimacy of the European Union's decision-making process. Conversely, the right of access to documents belongs to the set of rights from the Charter with roots in the text of the Treaty; Article 15 of the TFEU links to Article 42 of the Charter. As was already mentioned, it has several restrictions and requirements on access to records. Article 52(2) of the Charter offers the application of these conditions and limitation. 

Treaties specify the rights acknowledged by the Charter, which should be understood correspondingly with the conditions and limitations described by those Treaties.

The previous clause implies that the rights based on Treaties are not applicable directly but are subject to the principles and conditions that need to be defined by the secondary legislation, which especially must set limitations based on public and private interest as stated in Article 15(3) of the TFEU. Apart from the documents of the European Parliament,67 Council,68 and Commission69 with their additional rules which guarantee effective implementation of the said Regulation, the most crucial legislative document of the Union that more precisely defines the conditions and limitations of the right of access to documents is Regulation 1049/2001 Regarding Public Access to European Parliament, Council and Commission Document.Following a case study of the ECJ one finds contradictions in its application. Sometimes the Court of Justice does not consult the EU Charter or limits the scope of EU law in view of the Charter. The main causes could be lack of consistency and predictability. Still, the EU Charter ought to be the main compass for the Court; it should not be skipped. The instruments of the Charter give flexibility in defining its scope of applicability, which ought not to create any court worry. Examining the contents of the Charter reveals that it supports a fresh culture of basic rights.