EU 기본권청: 인권의 새로운 감시자?

The ‘EU Fundamental Rights Agency(FRA)’ was established on March 1, 2007 as one of the national human rights organizations on the basis of the ‘Paris Principles’ adopted by a resolution of the UN General Assembly. The FRA differs from the other human rights organizations. The other words, it has been established in the EU which is one of the regional communities, not in the national level. There are various types of agencies in the EU, but the FRA was for the first time established in the EU as an official agency in the field of the fundamental rigths. The principle mission of the FRA is to give the expert advice to the Institutions and the Member States of the EU. After the entry into force of the Treaty of Lisbon, a new attempt to provide a framework for a new system of guarantees of fundamental human rights is being done in the EU. The other hand, a legal status of the human rights law and policy lies in a fairly chaotic situation in the EU. Under these circumstances, the role of the FRA for the fundamental rights guaranteed is deemed more important than ever. Then will the FRA has a new ‘watcher’ or ‘guardians’ of the fundamental rights? Or just a ‘mentor’ or ‘assistant’ in the his role? In the author's opinion, the position of the latter will be regarded as appropriate. First, the basic mission of the FRA is to give expert advise and support the Institutions and the Member States of the EU when they take measures and actions in the fundamental rights. Second, the FRA does not put the individual complaints procedures. So it does not have the competence to investigate for violations of human rights and take remedy measures. Therefore it will be necessary to have a little more time and discussion that the FRA takes a concrete role as a monitor or a guardian of fundamental rights or human rights.