The Charter of Fundamental Rights of the European Union (EU Charter) is a legally binding document that sets out the fundamental rights and freedoms protected within the European Union. It was proclaimed in December 2000 and became legally binding with the entry into force of the Lisbon Treaty in December 2009.
Scope and content: The EU Charter encompasses a wide range of civil, political, economic, and social rights that are protected within the EU. It includes fundamental rights such as the right to life, liberty, and security, freedom of expression, freedom of religion, right to a fair trial, right to education, right to work, and protection against discrimination.
Applicability: The EU Charter applies to the EU institutions and bodies when they are implementing EU law. It also applies to the member states when they are implementing EU law, including when they are acting within the scope of EU policies and law. However, it does not extend the powers of the EU beyond those conferred by the EU treaties.
Principles: The EU Charter is based on a set of guiding principles, including human dignity, equality, freedom, solidarity, democracy, and the rule of law. These principles underpin the protection and promotion of fundamental rights within the EU.
Interaction with national laws and European Convention on Human Rights: The EU Charter does not replace or diminish the rights and protections provided by national constitutions or the European Convention on Human Rights (ECHR). It complements them and provides an additional layer of protection at the EU level. The EU Charter also requires the EU to accede to the ECHR, enhancing the consistency and coherence of human rights protection in Europe.
Remedies and enforcement: The EU Charter provides individuals with the right to an effective remedy before national courts and the Court of Justice of the European Union (CJEU) when their rights under the EU Charter have been violated. The CJEU has the authority to interpret and apply the EU Charter and ensure its consistent and uniform application across member states.
Horizontal effect: The EU Charter also has a horizontal effect, which means that individuals can rely on its provisions in disputes between private parties. This allows individuals to invoke their rights under the EU Charter in cases involving private entities, such as employers or service providers.
The EU Charter strengthens the protection of fundamental rights within the EU. It ensures that the EU institutions, member states, and private entities respect and promote the fundamental rights and freedoms of individuals within the EU's legal framework. The EU Charter contributes to the promotion of a rights-based culture and the development of a more inclusive and equitable EU.
You can learn more about this topic with our EU Law notes.
