THE CHARTER OF FUNDAMENTAL RIGHTS

The decision to create The Charter of fundamental rights was taken by the European Council, when it met in Cologne, Germany in June 1999 and was finally signed during the Intergovernmental Conference in Nice in 2000. The EU Charter of Fundamental Rights lists the civil, political, social and economic rights which are recognized by the European Union (EU) The Charter of Fundamental Rightsbuilds uponbutdoes not intend to replacethe many sources and systems of protection of fundamental rights which coexist in Europe. The Preamble clearly states that "This Charterreaffirms(...) the rights as they result, in particular, from the constitutional traditionsand international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court of Justice of the European Communities and of the European Court of Human Rights" . The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The scope of application of the Charter is limited. First, the Charter of Rights applies to Union institutions and bodies. Second, the Charter does not apply to member states. As ageneral rule, they keep on being bound by their national constitutional law, complemented by the Strasbourg system. The exceptionto this rule concerns those instances in which Member States are "implementing union law", in which case Article 49, section 1 prescribes that "they shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers". The EU Charter of Fundamental Rights lists the civil, political, social and economic rights which are recognised by the European Union (EU).These are listed under the headings of Dignity, Freedoms, Equality, Solidarity, Citizens' Rights, and Justice.These rights are drived from a number of sources including existing EU law, the Social Charters of the EU and the Council of Europe, the European Convention on Human Rights and the constitutional traditions of the member states.

All the member states have ratified The Charter of Fundamental Rights. The UK and Polandare notbound by the Charter.

TheTreaty of Lisbongives the Charter the same legal value as the main treaties. The Charterapplies to the EU institutions and to the member states when they are implementing EU law. In this framework, the role of the European Community (EC) is to support and complement the activities of the Member States in the area of social policy, in line with the provisions of the EC Treaty, particularly Articles 136-139.The Articles 45, 46, 47 of Lisbon Treaty we can see some issues connected with labour law. In my essay I am going to speak about the Charter IV(Solidarity) and discuss the extent to which the Chapter IV affect the Labour Rights the EU and the EU Member States.

The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions. In the previous section, it was argued that, in legal terms, the Charter does not bring into EU law anything new. If that is so, the argument that the Charter will increase the risk of conflict between national constitutional courts, the Strasbourg court and the European Court of Justice is rather artificial. It simply does not take into account that we are already in apluralistic settingon what concerns the protection of fundamental rights in the European Union, so that the competencies of national constitutional courts, the European Court of Human Rights and the European Court of Justice are already overlapping within the field of application of Union law on what regards fundamental rights. Enforcement of "solidarity" rights?

The Charter is a major innovation in Europe human rights treaty drafting in bringing political, civil, economic, social, and cultural rights together into one document. It is well known that some Member States were deeply uneasy about including many of what became the "solidarity" rights in the Charter, and compromises to meet these concerns are evident in the texts of these provisions. More broadly, however, some have seen the decision by some governments not to press for a formal legal status to be accorded to the Charter as the ultimate compromise necessary to ensure acceptance of these solidarity rights in the text of the Charter at all.

Several of the provisions in the Solidarity section of the Charter are subject to heavy qualification and are often dependent on how each Member State has legislated in the area. More confusingly, the Charter refers to a distinction between "rights" and "principles" but does not indicate on its face which provisions fall into which category.

Now I want to discuss one of the main problems of this issue. There is a problem if the Charter is acceptable with EU Labour Law and the constitution or regulations of member states. There are many cases in which the problem is workers and some problems connected with this issue. Labour Law is one of the most important issue in the practice connected with the social interests of people. / Labour law is a body of legislation that defines your rights and obligations as workers and employers in the workplace.

At Community level, labour law covers two main areas:

§ Working conditions, including working time, part-time and fixed-term work, and posting of workers

§ Information and consultation of workers, including in the event of collective redundancies and transfers of undertakings.

In this framework, the role of the European Community (EC) is to support and complement the activities of the Member States in the area of social policy, in line with the provisions of the EC Treaty, particularly Articles 136-139.The Articles 45, 46, 47 of Lisbon Treaty are also about the Labour laws.

In Belgium Article 23, Czech Republic, Article 27 Republic of Estonia Article 29, Kingdom of Spain Article 28, French Republic Preamble, Italian Republic Article 39, Constitution of the Portuguese Republic Article 54-57 and im many other country's constitutions there are articles about the right of strike. Directive 96/71/EC, Article 43 EC, Council Regulation (EEC) No 4055/86 of 22 December 1986, European Parliament and Council Directive 96/71, Art. 3(1) and (8)) and other secondary laws also include the rights connected with labour law. and looking at them we can see that there are no many differences. but The Chapter IV is an opt-out for UK and Poland. In UK with the absence of written constitution, has no right to strike. Connected with this fact the case Viking is significant, where we see the problem connected with the right of strike.some problems there are in other cases connected with labor law and rights. in Case 240/83Procureur de la Republique v. ADBHU, [1985] ECR 520 at 531 the Court stated that 'the principles of free movement of goods and freedom of competition, together with freedom of trade as a fundamental right, are general principles of Community law of which the Court ensures observance.' This means that the free market rights (freedom of movement of workers, services, goods and capital) arising out of the Community Treaties are effectively translated into fundamental rights of the individual. However, if the market rights, upon which all Community law is in one or the other way grounded, are indeed treated as fundamental rights, one cannot speak of any hierarchical relationship between the market freedoms and the basic human rights as known from the national constitutions and the European Convention on Human Rights.

In my opinion The charter 4 is an additional percept connecting with human rights. The only problem that there are one differences in some countries connecting for example some rights/UK-right of strike/.But as there is hierarchy of EU law on the national laws, so the problems can be solved during time.

National authorities, including courts, are responsible for the enforcement of the national transposition measures. The European Court of Justice plays an important role in settling disputes and providing legal advice to questions formulated by national courts on the interpretation of the law.

As a conclusion the role of the Charter, as drafted, is substantially to constrain the Union/Community institutions and Member States "implementing" Community/Union law. The Charter is not addressed to Member States more generally. It is not, directly at least, addressed even more broadly to individuals and other legal entities. The function of the Charter, then, in seeking to constrain only the Union/Community (broadly defined), is largely to give greater specificity to existing legal developments. If the role of the Charter were substantially to address Member States and other legal entities as well as the Community institutions, then the Charter would be seen as involving a much greater shift of power and responsibility to Community/Union institutions. So the scope of application to the Member States is a crucial question, and here the drafting of the Charter and surrounding documentation seems, again, to send somewhat conflicting messages.