Jump to ContentJump to Main Navigation
The Unfinished Democratization of Europe$
Users without a subscription are not able to see the full content.

Erik O. Eriksen

Print publication date: 2009

Print ISBN-13: 9780199572519

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199572519.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2020

Chartering Europe

Chartering Europe

(p.85) Chapter 5 Chartering Europe
The Unfinished Democratization of Europe

Erik O. Eriksen

Oxford University Press

The EU's Charter of Fundamental Rights is a means to secure the interests and the diverse values of the citizens of Europe. It denotes the EU as a union of citizens and not merely as a common market. It has been argued that rights are detrimental to social integration since the granting of individuals legal rights has atomistic—disintegrative—consequences. However, human rights are not merely abstract principles which, when positivated, secure negative freedom. When they are constitutionalized and turned into fundamental rights they contain a guarantee for equal freedom of all citizens. A charter of fundamental rights is needed to enhance the legal certainty of citizens, reduce arbitrariness, and to institutionalize the right to justification. However, as the principle of popular sovereignty points to a particular society, and human rights point to an ideal republic, only with a cosmopolitan order—democracy at a supranational level—can human rights be properly institutionalized.

Keywords:   European Union, Charter of Fundamental Rights, human rights, citizenship, constitutionalization

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .