The reinforcement of fundamental rights in the Lisbon Treaty

The Lisbon Treaty entails many changes in its new legal basis, which in one way or another reinforce the protection of fundamental rights within the European Union (EU). Indeed, today all Constitutions of Member states of the European Union classify such rights as citizens' fundamental rights' within their own basic laws. The chapter shows the historical evolution, examining some important rulings by the European Court of Human Right (ECHR) as well as the Opinion 2/94 by the European Court of Justice (ECJ), and culminating with a thorough analysis of the new legal basis since the Lisbon Treaty. One of the main debates of the Convention was the relationship between the ECHR and the Charter, because there was a fear of a possible dual system with two different levels. The Maastricht Treaty of 1992 opened a door establishing citizenship within the EU, and with it a range of guarantees and rights for the citizens of EU Member states were offered.