Charter of Fundamental Rights of the European Union

 

SUMMARY OF:

Charter of Fundamental Rights of the European Union

WHAT IS THE AIM OF THE CHARTER?

The Charter of Fundamental Rights of the European Union (the charter) protects the fundamental rights people enjoy in the European Union (EU). It is a modern and comprehensive instrument of EU law, protecting and promoting people’s rights and freedoms in view of changes in society, social progress, and scientific and technological developments.

KEY POINTS

Content

The charter reaffirms – with due regard to the EU’s powers and tasks and to the principle of subsidiarity – the rights established based on the constitutional traditions and international obligations common to EU Member States, which include the European Convention for the Protection of Human Rights and Fundamental Freedoms, the social charters adopted by the EU and by the Council of Europe, and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. By making fundamental rights clearer and more visible, it creates legal certainty within the EU.

The charter contains a preamble and 54 articles, grouped into seven chapters.

• Chapter I: dignity (human dignity, the right to life, the right to the integrity of the person, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour).
• Chapter II: freedoms (the right to liberty and security, respect for private and family life, protection of personal data, the right to marry and found a family, freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association, freedom of the arts and sciences, the right to education, freedom to choose an occupation and the right to engage in work, freedom to conduct a business, the right to property, the right to asylum, protection in the event of removal, expulsion or extradition).
• Chapter III: equality (equality before the law, non-discrimination, cultural, religious and linguistic diversity, equality between men and women, the rights of the child, the rights of the elderly, integration of persons with disabilities).
• Chapter IV: solidarity (workers’ right to information and consultation within the undertaking, the right of collective bargaining and action, the right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labour and protection of young people at work, family and professional life, social security and social assistance, healthcare, access to services of general economic interest, environmental protection, consumer protection).
• Chapter V: citizens’ rights (the right to vote and stand as a candidate at elections to the European Parliament and at municipal elections, the right to good administration, the right of access to documents, European Ombudsman, the right to petition, freedom of movement and residence, diplomatic and consular protection).
• Chapter VI: justice (the right to an effective remedy and a fair trial, presumption of innocence and the right of defence, principles of legality and proportionality of criminal offences and penalties, the right not to be tried or punished twice in criminal proceedings for the same criminal offence).
• Chapter VII: general provisions.

Scope

The charter applies to EU institutions, bodies, offices and agencies in all their actions. It does not extend the powers and tasks conferred on them by the treaties. The charter also applies to Member States when they are implementing EU law.

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

Annual reports

Every year since 2010, the European Commission publishes an annual report that monitors the progress of the application of the charter. Since 2021, following the strategy to strengthen the application of the charter in the EU (see summary), the charter report focuses every year on a different thematic area of strategic relevance governed by EU law.

BACKGROUND

• In 1999, the European Council concluded that the fundamental rights applicable at EU level should be consolidated in a charter to give them greater visibility.
• The charter was formally proclaimed in Nice in December 2000 by the European Parliament, the Council of the European Union and the Commission.
• The charter became legally binding with the entry into force of the Treaty of Lisbon (see summary) in December 2009, and now has the same legal value as the EU treaties.

For further information, see:

• EU charter of fundamental rights (European Commission)
• Fundamental rights (European e-Justice).

MAIN DOCUMENT

Charter of Fundamental Rights of the European Union (OJ C 202, 7.6.2016, pp. 389–405).

last update 14.01.2022