In the dissertation for the first time in Ukraine the theoretical and applied bases of functioning of the organizational and legal mechanism of protection of the fundamental rights in a sui generis legal order of the European Union are comprehensively investigated. Issues of great practical importance for the modern science of international law are highlighted: the legal basis for the formation and development of protection of fundamental rights in the EU, the establishment and evolution of the EU human rights protection system. Particular attention is paid to the study of sources of primary EU law, at the level of which the ability to ensure de lege lata and de lege ferenda protection of fundamental rights in the EU legal order is recognized and reaffirm, given the need to ensure their observance by EU institutions, bodies, agencies and services, the effectiveness of the EU's institutional and legal mechanism and the political and legal instruments used by Member States when their activities are carried out within the scope of EU law.
Conceptual and methodological approaches to understanding the peculiarities of the conceptual and categorical apparatus, the characteristics of the practice of application in the EU legal order of the Charter of Fundamental Rights of the European Union, general principles of EU law, the Convention for the Protection of Human Rights and Fundamental Freedoms, legal and organizational problems in this area, as well as the role of case law in their solution. It is argued that it is important for Member States to maintain their obligations under both national and international, in particular European, human rights law, which are not replaced by the Charter of Fundamental Rights of the European Union and demonstrate the multilevel protection of fundamental rights in the EU.
The peculiarities of the jurisdiction and jurisprudence of the Court of Justice of the European Union in the field of protection of fundamental rights are studied; the post-Lisbon period of its reform; the latest approaches to the architecture of the judicial system of the integration association, updating its organizational structure and analyzed, on this basis, a new methodology for the protection of fundamental rights in the EU law as a multidimensional phenomenon; case law on the protection of fundamental rights at EU level, which is important for maintaining and deepening European integration.
The importance of the adoption and entry into force of the Charter of Fundamental Rights of the European Union in recognizing the need to take into account the content of its provisions in the EU law-making process, in developing new approaches to understanding these rights and developing the human rights system in the EU, in evolution to deepen cooperation of supranational integration association with European international organizations, especially the Council of Europe, whose role in the field of human rights, as part of the European legal culture, is difficult to overestimate. It is proven that the Charter of Fundamental Rights of the European Union and its conceptual ideas have contributed to the further development of some basic concepts in the field of human rights, which before its entry into force evolved partly as a result of jurisprudence, partly as a response to changes in human dignity, partly as a result of real and potential challenges. It is justified that, unlike the Charter of Fundamental Rights of the European Union, which contains all the fundamental rights to be protected in an integration association, the general principles of EU law do not currently belong to independent standards of protection and their relationship is due to the origin of the latter common to member states, traditions, as well as features of the latest practice of application.
Much attention is focused on clarifying the essence of a number of meaningful new concepts and practices inherent in modern legal realities within the EU, including the methodology for assessing the impact of each proposals of the European Commission to fulfill of fundamental rights. It is emphasized that the final text of the adopted EU acts is checked for legality, in particular for their compliance with the Charter of Fundamental Rights of the European Union, compatibility with it.
