MECHANISM OF ENSURING OF RIGHTS OF THE MAN AND THE CITIZEN IN THE EU

Abstract

This article attempts to explore the mechanism of human rights and citizen of the European Union. Available determine the mechanism to ensure human and civil rights in the European Union sources systematized mechanism for ensuring human and civil rights in the European Union. The most important sources of legal status of the man and the citizen in the EU include: 1) so-called "EU Constitution" – the Treaty on European Union and the Treaty on the Functioning of the European Union (formerly was called the Treaty of the European Community in 1957); 2) European Convention on Human Rights and Fundamental Freedoms of 1950 (ECHR); 3) two recommendatory documents - acts of so-called soft law, adopted in 1989: Declaration of Fundamental Rights and Freedoms and the Charter of Fundamental Workers Social Rights; 4) The EU Charter of Fundamental Rights of 2000 (the Charter); 5) case law of the courts of the EU, above all, the Court of the European Union. There is structuring and analysis of institutional (judicial and non-judicial protection), procedural (the right to a fair and public hearing within a reasonable time; the right to legal assistance; guarantees for suspects, accused persons and defendants in cases of criminal offenses (presumption of innocence, the right to defense, principles of legality and proportionality of crime and punishment, the procedure of habeas corpus, the principle of non bis in idem)) and substantive (property liability of the European Union and the Member States for infringement of subjective rights established by the EU regulations ) guarantees of human and civil rights in the European Union.