Charter of Fundamental Rights of the European Union (Charter of Fundamental Rights)
Die Charter of Fundamental Rights of the European Union (short: Charter of Fundamental Rights or EU Charter of Fundamental Rights) is a central document in European law, which sets out the fundamental personal, social, economic, and political rights and freedoms of people within the European Union (EU). It was proclaimed in 2000 and has been legally binding since the entry into force of the Treaty of Lisbon in 2009. The Charter supplements national catalogues of fundamental rights and is of outstanding importance for jurisprudence and legislation within the EU.
Historical development and origin
Predecessors and basis
The emergence of the Charter of Fundamental Rights is closely linked to the development of the European integration process and the desire for clearly defined, uniform fundamental rights. Historically, it builds on the principles of the European Convention on Human Rights (ECHR), the common constitutional traditions of the member states, and already existing fundamental rights in Union law.
Proclamation and legal effect
The Charter was first proclaimed politically in Nice on December 7, 2000. With the entry into force of the Treaty of Lisbon on December 1, 2009, it received the same legal status as the EU Treaties (Art. 6 para. 1 TEU), and thus became legally binding for EU institutions and member states when implementing EU law.
Structure and content of the Charter of Fundamental Rights
Structure
The Charter consists of 54 articles, divided into an introductory part (preamble) and six key chapters:
- Human dignity (Art. 1-5)
- Freedoms (Art. 6-19)
- Equality (Art. 20-26)
- Solidarity (Art. 27-38)
- Citizens’ rights (Art. 39-46)
- Judicial rights (Art. 47-50)
- General provisions on interpretation and application (Art. 51-54)
Essential areas of protection
- Human dignity and integrity: Inviolability of dignity, right to life, prohibition of torture.
- Rights of freedom: Right to liberty and security, freedom of thought, conscience and religion, freedom of expression, freedom of assembly, protection of personal data.
- Rights to equality: Equal treatment, prohibition of discrimination, rights of children, elderly people, and persons with disabilities.
- Social rights: Workers’ rights, right to collective bargaining, fair and just working conditions, social protection.
- EU citizens’ rights: Active and passive right to vote in the European Parliament, right of access to documents of EU institutions.
- Procedural rights: Right to a fair trial, presumption of innocence, principle of legality and proportionality in criminal law.
Binding force and scope of application
Applicability and binding effect
According to Art. 6 para. 1 of the Treaty on European Union (TEU), the Charter is binding on the institutions, bodies, and offices of the Union as well as on the member states exclusively when implementing Union law. Thus, it does not establish an original, all-encompassing order of fundamental rights for all areas of life, but only takes effect within the scope of Union law.
Relationship to national fundamental rights
The Charter of Fundamental Rights supplements, but does not replace, the fundamental rights existing in the respective member states. According to Art. 53 CFR, the level of protection provided by national fundamental rights and the ECHR remains unaffected, provided these offer more extensive protection.
Interpretation of the Charter of Fundamental Rights
Dynamic interpretation
The interpretation of the Charter of Fundamental Rights takes into account the explanations to its text, the case law of the Court of Justice of the European Union (CJEU), the ECHR, and the common constitutional traditions of the EU member states.
Significance of the explanations
The officially published explanations to the Charter serve as authoritative aids to interpretation. They were formulated by the EU Convention and help determine the meaning and scope of the individual articles.
Legal protection and enforcement
Individual legal protection before the European Court of Justice
EU fundamental rights can be asserted before the CJEU by natural and legal persons, insofar as there is a connection to Union law. The Court examines the legislation and actions of the EU institutions and of member states for their compatibility with the Charter when they are implementing EU law.
Proceedings at the national level
Before national courts of the member states, the Charter of Fundamental Rights can be invoked, provided a case falls within the scope of Union law. This has far-reaching effects on the development of law in the member states.
Relationship to other international agreements
Charter of Fundamental Rights and European Convention on Human Rights
The Charter explicitly refers to the ECHR and sees itself as a supplementary instrument building upon it. According to Art. 52 para. 3 CFR, common levels of protection must be at least equal to that of the ECHR (“minimum standard”).
Relationship to international human rights protection
The Charter also operates in the context of the EU’s and its member states’ international human rights obligations, such as those under the United Nations, and incorporates relevant norms of international human rights law.
Significance of the Charter of Fundamental Rights in jurisprudence
Significance for the Court of Justice of the European Union
The CJEU uses the Charter as an essential basis for reviewing the legality of acts and legal instruments of the EU. Many landmark decisions in the field of data protection, asylum law, prohibition of discrimination, or procedural fundamental rights are based on the Charter of Fundamental Rights.
Influence on national case law
The courts of the member states are obliged to observe and implement the requirements of the Charter of Fundamental Rights within the scope of Union law. This has led to a convergence of human rights standards within Europe.
Criticism and challenges
Demarcation issues and subsidiarity
The scope of the Charter is the subject of controversial discussion, especially the question of when national authorities are bound by the Charter in the application and interpretation of Union law. The precise scope of application remains subject to judicial clarification.
Harmonisation of standards
A challenge is to ensure an equally high level of protection despite differing implementation in the member states. The Charter makes a significant contribution to harmonisation, without completely abolishing the sovereignty of the nation states.
Literature and further sources
- Official version of the Charter of Fundamental Rights of the European Union (Official Journal of the European Union, C 202 of 7 June 2016)
- Explanations relating to the Charter of Fundamental Rights of the European Union (OJ C 303 of 14 December 2007)
- Case law of the Court of Justice of the European Union (CJEU) on the Charter of Fundamental Rights
- Treaty on European Union (TEU), Art 6
- Treaty on the Functioning of the European Union (TFEU), relevant provisions
- Publications of the European Commission, in particular reports on the situation of fundamental rights in the EU
Summary
The Charter of Fundamental Rights of the European Union is a key document in the European constitutional system, providing modern and uniform fundamental rights protection for all Union citizens and within the scope of Union law. It is of central importance for legal development and legal certainty, as well as for the protection of human dignity and the safeguarding of core freedoms, and contributes to the advancement of a European constitutionalism.
Frequently Asked Questions
Does the Charter of Fundamental Rights of the European Union apply directly in the member states?
The Charter of Fundamental Rights of the European Union (Charter of Fundamental Rights) does not have a general, direct effect in the member states; it only applies insofar as they act within the scope of Union law, that is, “in the implementation of Union law” pursuant to Art. 51 para. 1 CFR. This means that national authorities and courts are bound by the Charter when implementing or applying Union law requirements. Outside this field of application, in particular in purely national situations without a connection to Union law, the Charter does not take effect. The precise delineation of the scope of application is regularly addressed by the case law of the Court of Justice of the European Union (CJEU), which emphasises that a sufficient factual link to Union law is necessary. Thus, the Charter is not to be confused with national catalogues of fundamental rights or the European Convention on Human Rights (ECHR), which may have a broader area of application.
Does the Charter of Fundamental Rights conflict with the European Convention on Human Rights?
The Charter of Fundamental Rights and the European Convention on Human Rights (ECHR) are independent instruments of fundamental rights protection, but are closely intertwined in substance. According to Art. 52 para. 3 CFR, the fundamental rights in the Charter that correspond to rights in the ECHR must be interpreted in the same way. This generally ensures the level of protection guaranteed by the ECHR. In the event of a conflict, the Court of Justice of the European Union (CJEU) has the final say in interpreting the Charter and determining the required level of protection in the context of Union law, while the European Court of Human Rights (ECtHR) decides on the interpretation of the ECHR. National courts must apply both instruments taking account of their respective binding force, with the more favourable level of protection for the individual prevailing in case of divergence.
What is the significance of the Charter in relation to national fundamental rights?
The Charter of Fundamental Rights applies when implementing Union law and then takes precedence over national fundamental rights, insofar as these are incompatible with the Charter. In cases that are purely domestic and do not relate to Union law, only national fundamental rights apply. According to the principle of parallel applicability (Art. 51 CFR), national courts may refer to both the Charter and national fundamental rights as long as this does not impair the effective protection of rights guaranteed by the Charter. In the event of a conflict, the primacy of Union law requires that the interpretation and application of national fundamental rights must not compromise the effectiveness and rehabilitation success of Union fundamental rights.
Can individuals invoke the Charter directly before national courts?
Yes, individuals can invoke the Charter of Fundamental Rights directly before national courts if a case is within the scope of Union law. Courts are obliged to apply the provisions of the Charter in the respective context. Some of the rights guaranteed in the Charter have direct effect (“self-executing”), so that they can be applied by courts without implementation through national legislation. In the case of principles that are more programmatic in nature, direct applicability is not possible. In doubtful cases, national courts can and must refer questions relating to the interpretation of the Charter to the CJEU through the preliminary ruling procedure under Art. 267 TFEU.
What role does the Court of Justice of the European Union (CJEU) play in enforcing the Charter?
The Court of Justice of the European Union plays a central role as guarantor of the uniform interpretation and effective enforcement of the Charter of Fundamental Rights. It gives binding interpretations of the individual rights in the Charter, especially in the context of preliminary ruling requests from national courts (Art. 267 TFEU). In infringement proceedings, the European Commission can take action against member states for breaches of the Charter (Art. 258 TFEU). The CJEU examines whether national measures comply with the requirements of the Charter. The CJEU’s decisions on the Charter significantly shape legal practice and serve as binding guidance for national courts.
What is the significance of the explanations to the Charter of Fundamental Rights?
The explanations to the Charter of Fundamental Rights, drafted by the Presidium of the European Convention, are an interpretative aid of considerable significance. Under Art. 52 para. 7 CFR, they are to be used as a guide for the interpretation of the rights and principles. While they are not legally binding in themselves, the explanations are regarded highly in the case law of the CJEU and in academic writing, particularly for establishing the context, scope, and limits of the guarantees of fundamental rights. The explanations provide references to the underlying normative sources, such as the ECHR or other international treaties, and give information about the meaning of individual provisions.
Can the Charter also create obligations for private parties (horizontal effect)?
The Charter is primarily addressed to the institutions of the Union as well as to the member states when implementing Union law and therefore does not generally have direct horizontal effect, that is, it does not generally impose obligations directly on private parties. However, rights from the Charter may affect private-law relationships in exceptional cases, when national law within the scope of Union law requires such protection and courts are to interpret in conformity with Union law. The CJEU has recognised such indirect horizontal effect, in particular in cases of prohibition of discrimination (e.g., in labor law, equal treatment directives). The starting point remains always the action of a state or a state entity within the framework of Union law.
