Position paper european commission




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Article 1 contains many disputable points, including the demand that human dignity (which is already protected by multiple previous conventions) shall be the sole purpose of technical developments and the claim that the use of algorithms constitutes a threat to this human dignity. However, the provision that alarms us the most can be found in Paragraph 3, which foresees that the Charta binds not only states, but also private individuals. This clause is problematic on primarily two levels. Firstly: Human Rights are conceptualised as fundamental rights of individuals to defend themselves against the dominance of an organised state. And while this is the reason why it is expected that states sign and remain bound by such Declarations, and an immanent part of this obligation includes the provision of protection against other citizens, we do not believe there is no justification for individuals or, even worse, companies, to be directly bound. Secondly, on an institutional level, this provision would be impossible to implement, without first foregoing a radical reformation of the EU: What makes Human Rights Declarations binding, is that Member States and EU institutions can be brought to justice. However, according to Article 19 TEU and Article 263 TFEU, only these parties can be brought to the European Court of Justice. Thereby, a private person could not possibly be bound by this Charta, without leading to either inapplicability of the Article or to regulatory obstacles for the European Union.


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Position paper european commission

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