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8. It would create a civil rights code for the new Union's citizens:

All States have codes setting out the rights of their citizens. The EU Charter of Fundamental Rights would be that. It would be made legally binding by the new Treaty and would be an essential part of the new Union's constitutional structure( Art.6, amended TEU).

The Charter is stated to be binding on the Union's own institutions and on Member States in implementing Union law. This limitation to EU law and to the EU institutions is unrealistic however, because

(a) the principles of primacy and uniformity of Union law mean that Member States  would not only be bound by the Fundamental Rights Charter when implementing EU law, but also through the "interpretation and application of their national laws in conformity with Union laws" (v. ECJ judgements in the Factortame, Simmenthal  and other law cases);  and because

(b) the Charter sets out fundamental rights in areas in which the Union has currently no competence, e.g. outlawing the death penalty, asserting citizens' rights in criminal proceedings and various other areas.

This would give a new and extensive human and civil rights jurisdiction to the EU Court of Justice and would make that Court the final body to decide what people's rights are in the vast area covered by European law, as against national Supreme Courts and the Court of Human Rights in Strasbourg - the latter Court serving Ireland and all other European States, not just the EU members -  which are our final fundamental rights Courts today. 

The EU Commission can be expected in time to propose European laws to ensure the uniform implementation and guarantee of the rights provisions of the Charter throughout the Member States, even in areas which are basically outside the scope of Union competence. American constitutional history provides ample evidence of the radical federalising potential of the fundamental rights jurisdiction of the US Supreme Court.