1. The Lisbon Treaty and Fundamental Rights
The EU Charter of Fundamental Rights becomes legally binding
• The EU and its bodies as well as the Member States (when implementing EU law) are bound
by the Charter. 1
• As a general rule the Charter can be used by European and national Courts. 2
The EU is requested to accede to the European Convention on Human Rights (ECHR)
• “The Union shall accede to the European Convention for the Protection of Human Rights and
Fundamental Freedoms”. 3
New general obligation for the EU to combat exclusion and discrimination
• The Union “shall combat social exclusion and discrimination, and shall promote social justice
and protection, equality between women and men, solidarity between generations and
protection of the rights of the child”. 4
• “In defining and implementing its policies and activities, the Union shall aim to combat
discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual
orientation”. 5
Improved judicial protection in the European Union
• The jurisdiction of the European Court of Justice is substantially expanded including to areas
that are of obvious relevance to the protection of fundamental rights, such as police and judicial
cooperation in the area of criminal law.
New explicit reference to persons belonging to minorities
• It is made explicit that “respect for human rights, including the rights of persons belonging to
minorities” is a value the “Union is founded on” and that is “common to the Member States in a
society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality
between women and men prevail”. 6
• The Charter underlines that discrimination on the basis of “membership of a national minority”
is forbidden and that the “Union shall respect cultural, religious and linguistic diversity”. 7
More democracy, participation and transparency
• Broad consultation with parties concerned, including NGOs, is becoming the norm at EU level. 8
• National Parliaments are equipped with a new role in overseeing EU legislation. 9
• For the first time in the history of European integration, the EU level is equipped with an
instrument of direct democracy: the citizens’ initiative. One million citizens who are nationals of
a “significant number of Member States” can invite the European Commission to become
active. 10
1
Art. 6 Para. 1 of the Treaty on the European Union (TEU)
2
Compare protocol no 30 (attached to the Treaty of Lisbon with the same legal status as the latter) on the application of the Charter of
Fundamental Rights of the EU to Poland and to the United Kingdom. It was agreed that this protocol “shall be modified in order to refer
to the Czech Republic in the same terms as they refer to Poland and to the United Kingdom” (Presidency Conclusions 29/30 October
2009).
3
Art. 6 Para 2 TEU. The ECHR is a Convention of the Council of Europe dating from 1950.
4
Art. 3 Para. 3 TEU
5
Art. 10 of the Treaty on the Functioning of the European Union (TFEU)
6
Art. 2 TEU
7
Art. 21 and 22 of the Charter of Fundamental Rights
8
Art. 11 Paras. 1, 2 and 3 TEU
9
Art. 12 TEU. See also protocol no 1 (attached to the Treaty of Lisbon with the same legal status as the latter) on the role of national
parliaments in the EU.
10
Art.11 Para 4 TEU
For more information please contact: information@fra.europa.eu