The Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union is the primary instrument for the protection of fundamental rights within the EU legal order. Proclaimed in 2000 and given binding legal effect by the Treaty of Lisbon in 2009, the Charter consolidates the fundamental rights applicable at EU level into a single, codified document. Article 6(1) TEU provides that the Charter has the same legal value as the Treaties, making it a source of primary EU law. The Charter represents the culmination of decades of development from the CJEU’s general principles of law to a written constitutional catalogue of rights, reflecting the Union’s commitment to placing the individual at the heart of its legal order.
History and Development
The protection of fundamental rights was not originally part of the European Economic Community. The Treaty of Rome (1957) contained no catalogue of fundamental rights, focusing instead on economic integration. The CJEU initially declined to review Community measures for compliance with fundamental rights (Stauder, Case 29/69), but reversed course in Internationale Handelsgesellschaft (Case 11/70), holding that fundamental rights form an integral part of the general principles of EU law that the Court must protect. Subsequent case law recognised rights inspired by the constitutional traditions common to the Member States and the European Convention on Human Rights (Nold, Case 4/73).
The European Council’s decision in Cologne in 1999 to draft a Charter reflected growing recognition that EU law required an explicit rights catalogue. A Convention composed of representatives of national parliaments, governments, the European Parliament, and the Commission drafted the Charter, which was solemnly proclaimed in Nice in December 2000. The Charter initially had only political force as a solemn proclamation, but was invoked by Advocates General and the General Court. The Treaty of Lisbon made it legally binding, and since 1 December 2009, the Charter has had the same legal status as the Treaties.
Structure of the Charter
The Charter is organised in seven titles reflecting the indivisible values of the Union. Title I (Dignity) protects human dignity (Article 1), the right to life (Article 2), the right to the integrity of the person (Article 3), the prohibition of torture and inhuman or degrading treatment (Article 4), and the prohibition of slavery and forced labour (Article 5). Human dignity is the foundation of all fundamental rights and must be respected and protected in all circumstances.
Title II (Freedoms) enshrines the classic liberal freedoms: the right to liberty and security (Article 6), respect for private and family life (Article 7), protection of personal data (Article 8), freedom of thought, conscience, and religion (Article 10), freedom of expression and information (Article 11), freedom of assembly and association (Article 12), and freedom of the arts and sciences (Article 13). It also includes the right to education (Article 14), the right to choose an occupation and engage in work (Article 15), freedom to conduct a business (Article 16), the right to property (Article 17), the right to asylum (Article 18), and protection in the event of removal, expulsion, or extradition (Article 19). Article 8 on data protection was notably innovative, recognising data protection as an autonomous right before the GDPR codified it in secondary legislation.
Title III (Equality) covers equality before the law (Article 20), non-discrimination (Article 21), cultural, religious, and linguistic diversity (Article 22), equality between men and women (Article 23), the rights of the child (Article 24), the rights of the elderly (Article 25), and integration of persons with disabilities (Article 26). Title IV (Solidarity) addresses social and economic rights: workers’ right to information and consultation (Article 27), collective bargaining and action (Article 28), fair and just working conditions (Article 31), family and professional life (Article 33), social security and social assistance (Article 34), and health care (Article 35).
Title V (Citizens’ Rights) enumerates the rights of EU citizens: the right to vote and stand as a candidate in European Parliament and municipal elections (Articles 39–40), the right to good administration (Article 41), the right of access to documents (Article 42), the right to petition the European Parliament and refer matters to the European Ombudsman (Articles 43–44), and the right to diplomatic protection (Article 46). The right to good administration is particularly significant, imposing obligations on EU institutions to act fairly, impartially, and within a reasonable time.
Title VI (Justice) guarantees the right to an effective remedy and a fair trial (Article 47), the presumption of innocence and right of defence (Article 48), the principles of legality and proportionality of criminal offences and penalties (Article 49), and the right not to be tried or punished twice (Article 50). Article 47 is the most frequently invoked provision before the CJEU, underpinning the right of access to courts and effective judicial protection across all areas of EU law.
Scope of Application
Article 51(1) of the Charter provides that its provisions are addressed to the institutions, bodies, offices, and agencies of the Union and to the Member States only when they are implementing Union law. This limitation is crucial: the Charter does not extend the field of application of EU law beyond the powers of the Union or establish any new power or task for the Union. The CJEU has interpreted implementing Union law broadly to include any situation falling within the scope of EU law (Akerberg Fransson, Case C-617/10), creating some tension with Member State concerns about Charter overreach.
Article 51(2) confirms that the Charter does not extend the scope of EU law. The horizontal clauses in Title VII regulate the interpretation and application of the Charter. Article 52(1) permits limitations on the exercise of Charter rights, provided they are provided for by law, respect the essence of the rights, and are subject to the principle of proportionality. Article 52(3) provides that Charter rights corresponding to rights guaranteed by the European Convention on Human Rights have the same meaning and scope as the Convention rights, though Union law may provide more extensive protection.
Relationship with the ECHR
Article 52(3) establishes the coherence mechanism between the Charter and the ECHR. Where Charter rights correspond to ECHR rights, the meaning and scope of the Charter rights are the same as those laid down by the ECHR, as interpreted by the European Court of Human Rights. This ensures consistent protection across the two legal orders and provides a minimum standard of protection. The Explanations relating to the Charter, which must be given due regard by the CJEU under Article 52(7), specify which Charter articles correspond to ECHR articles.
Article 6(2) TEU requires the Union to accede to the European Convention on Human Rights. The CJEU’s Opinion 2/13 (2014) found the draft accession agreement incompatible with EU law, identifying structural problems concerning the autonomy of EU law, the role of the CJEU, and the position of Member States. Negotiations for a revised accession agreement have continued, and accession remains a legal obligation under the Treaties, which would subject EU acts to external human rights review by the European Court of Human Rights.
The Charter in Practice
The Charter has become an integral part of EU legal reasoning. The CJEU cites the Charter in virtually every judgment involving fundamental rights, and the General Court applies it routinely to challenges against EU acts. National courts increasingly apply the Charter when implementing EU law, particularly in the Area of Freedom, Security and Justice (criminal procedure, asylum, immigration), data protection, and non-discrimination. The Charter has been invoked in landmark cases including Digital Rights Ireland (Cases C-293/12 and C-594/12, invalidating the Data Retention Directive), Schrems I (Case C-362/14, invalidating the Safe Harbour decision), and Google Spain (Case C-131/12, recognising the right to be forgotten). The Charter represents the constitutionalisation of fundamental rights within the EU legal order, ensuring that the Union’s commitment to human rights is legally binding and judicially enforceable.