§ Lord Shore of Stepneyasked Her Majesty's Government:
With respect to the Charter of Fundamental Rights of the European Union, what are their reasons for not approving incorporation of the Charter in the Treaties of the European Union; and what they consider to be the main differences in practice between a Declaratory Charter and a Treaty Charter. [HL4682]
§ Baroness Scotland of AsthalThe Government believe that incorporation of the charter in the EU treaties is neither necessary nor desirable. It is not necessary because most of the substantive charter articles are based on existing law in the EU treaties or the European Convention on Human Rights. It is not desirable because a text incorporated into the treaties requires legal precision. The charter uses a breadth of language well suited for a political declaration enhancing the visibility of rights, freedoms and principles recognised within the EU.
The differences between a declaratory charter and one incorporated in the treaties would depend on the terms of the incorporation; at present the European Court of Justice is not obliged to have regard to the charter.