FUNDAMENTAL PRINCIPLES OF PROTECTION OF FUNDAMENTAL HUMAN RIGHTS IN THE LAW OF THE EUROPEAN UNION

Abstract

The article is devoted to the analysis of the peculiarities of EU law aimed at protecting the rights and freedoms of citizens of the European Union. The main principle that forms the foundation of law enforcement activities of EU institutions in this area is the right to management. The right to governance is enshrined in both the founding treaties of the European Union and the Charter of Fundamental Rights of the European Union. In light of the accession of the European Union to the European Convention on the Protection of Human Rights, it is necessary to emphasize the application of the Convention by the European Court of Human Rights, which considers complaints against the actions of the national authorities, and not against the actions of the bodies of the European Union. Therefore, it is necessary to distinguish the jurisdiction of the European Court of Human Rights and the Court of the EU, which considers complaints against the actions of the bodies of the European Union. The jurisdictional approach is a key factor in the process of delimitation and delegation of powers of the EU judicial system. The application of these principles is a key basis for the creation of an independent judicial system, which ensures compliance with one of the key principles of a democratic society - the principle of dividing the branches of power into legislative, executive and judicial. A clear understanding of one’s own powers, respect and non-interference in the jurisdiction of other branches of government are basic requirements for every state that wishes to become a member of the EU. Ukraine, as an official candidate, must clearly understand the stated principles and move in the outlined direction. A unified approach to law-making and law enforcement is a prerequisite for Ukraine’s European path. Adaptation of domestic legislation, both substantive and procedural, is impossible without compliance with common European principles and freedoms. In this regard, the implementation of the decisions of the European Courts and the use of precedent practice by the courts of Ukraine during the resolution of legal disputes in order to facilitate the protection of human rights and freedoms in Ukraine is a priority.