Charter of Fundamental Rights of the European Union

Why this post?

The Charter of Fundamental Rights of the European Union if often referred to in ECJ/CJEU Cases,

The EU is built on fundamental rights, democracy and the rule of law. Article 2 of the Treaty on European Union provides that “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail”.

These values are closely linked and guide the EU’s internal and external action.

EU action in this area is based on the EU Treaties and on the EU Charter of fundamental rights, which has the same value as the Treaties. The Charter enshrines the fundamental rights people enjoy in the EU. It is a modern and comprehensive instrument protecting and promoting people’s rights and freedoms in the light of changes in society, social progress and scientific and technological developments.

The Charter applies in conjunction with national and international fundamental rights protection systems, including the European Convention on Human Rights.

The Charter contains rights and freedoms under six titles:

• dignity
• freedoms
• equality
• solidarity
• citizens’ rights
• justice

The Charter has become legally binding on the EU with the entry into force of the Treaty of Lisbon, in December 2009.

To reflect modern society, the Charter includes ‘third generation’ fundamental rights, such as:

• data protection
• guarantees on bioethics
• transparent administration