Eu law charter of fundamental rights

1. EUROPEAN UNION LAW
University of London
international Programme

2. WHAT KIND OF IMPACT FALLS IN
EUROPEAN UNION AFTER COMING
THE CHARTER OF FUNDAMENTAL
RIGHTS?
The Charter of
Fundamental Rights

3. CONTENT
• The history of fundamental rights
• Violation of fundamental rights by European union legislation
and Member state legislation
• The concept of charter of fundamental rights and its
enforcement in European union
• The application of charter of fundamental rights in European
union law , Member State and European court of justice
• Conclusion

4. BEFORE 1969, THE CONECPT OF
FUNDAMENTAL RIGHTS IN EURPOEAN
UNION
• Originally the EEC was focused on the creation
of a common market, rather than on the
protection of human rights .
• In 1950s and 1960s, the Court of justice
resisted to the attempts of litigants to invoke
rights and principles recognized by domestic
law

5. THE CONCEPT OF FUNDAMENTAL
RIGHTS AFTER 1969
• •In 1969, Case29/69 Stauder v city of Ulm [1969] ECR 419
where first arise the issue of fundamental .General
principles of European Union law may be inferred both
by the Eu laws and regulations and by the national
constitutional common traditions of the member’s
states.
• In Statuder court declared that Fundamental human rights
enshrined in the general principle of community law and
protected by court which further developed in case 11/70
Internationale handelsgesellschaft [1970] ECR.

6. SOURCES OF FUNDAMENTAL RIGHTS
• No written provision before 7 December
2007
• In case4/73 Nold v Commission [1974]
court found that there were two primary
sources for general principle of Eu law.

7. case4/73
Nold v
Commission
[1974]
international
agreement such as
European social
charter case
149/77Defernne v
Sabena [1978]
ECR 1365 or rights
of child case cc-
530/03 European
parliament v
council [2006]
ECR I-5769
the common
national
constitutional
Case 36/02
Omega
[2004] ECR
I-9609

8. VIOLATION OF FUNDAMENTAL RIGHTS
By European union legislation
• where fundamental interest of the
international community were sufficient or
trade right which found in case c-84/95
Bosphorus v Minister for Transport[1996]
ECR I-3953and later confirmed by case c-
402/05 P kadi v council of the European
union [2008] ECR I-6351
• In relation to competition law commission
enforcement proceeding have often been
subject of challenge on the ground of
fundamental right violation for example case
c-185/95 P Baustahlegwebe v commission
[1998] ECR I-8417
By member state legislation
• First, when MS is apply national provision for
protecting human rights case 222/84
Jhonston [1986] ECR1659
• Second, when MS is acting as an agent of
EU by implementing or enforcing Eu
measure C-540/03 European Parliament v
Council
• Third, when MS derogate from Eu on the
ground of i.e. public policy case C- 260/89
Elliniki Radiophonia teleorassi AS v Dimotiki
Etairia Pliroforissis [1991] ECR I-2925 paras
42-45, public health case c-368/95
Familiapress [1997] ECR I-3698

9. THE CONCEPT OF CHARTER OF FUNDAMENTAL RIGHTS
The charter of fundamental rights of the Eu brings together in a single document in the
Eu.

10. ESTABLISHMENT OF CHARTER OF
FUNDAMENTAL RIGHTS
Created 2 October 2000
Ratified 7 December 2000
Author(s) European Convention
Signatories Institutions and member states of the
European Union
Purpose Consolidate and enshrine the broad array
of rights afforded to citizens of the
European Union

11. CHARTER OF FUNDAMENTAL RIGHTS
EFFECT IN EUROPEAN UNION
• The charter has become legally binding since the entry into force of
the Lisbon treaty (TEU) under Article 6 which provided that the
charter have same legal value as the treaties. So following the TEU,
the charter now has legal status within the union and also primary
European law and has been binding on Eu institution and national
govt. However, for the right to be actionable a union element must
still be invoked. Thus, purely internal situation don’t fall within the
ambit of charter case C -27/11 Vinkov[2012] 3 CMLR 22

13. Protocol 30
UK and Poland both considered to adopt protocol 30 which provides
an “opt out” from charter. This protocol carried out legal weight more
than political which stated by NS case. Cathernie Barnard argued that
from the perspective, it was more likely to be political question rather
than optional. P. Craig and G. de Bürca stated that albeit the protocol
is sometimes called to be an opt - out from the charter, it is likely that it
might have significant consequences in practice. In Nov 2009 Czech
Republic was added this protocol.

15. THE RELATIONSHIP OF CHARTER AND
EU
• In the relationship between charter and both MS and Eu institution
discuss in C-617/10 Akerberg Fransson [2013] 2 CMLR 46 case
which interpreted article 51 of charter which stated that the charter
is applicable for EU institution and MS when they are implementing
EU law. In Case C-206/13 Cruciano Siragusa v Regione Sicilia ,
CJ had more clarify the interpretation of article 51.

16. THE RELATIONSHIP BETWEEN CHARTER
AND OTHER SOURCES OF HUMAN RIGHTS
• In relationship between charter and the other sources of human right
which discuss in C-399/11 Melloni CMLR 43 case where court
interpreting that Article 53 of charter ruled although national
authorities and courts remain free to apply national standards of
protection of fundamental rights, the level of protection provided for
by the charter and the primary, unity and effectiveness of Eu law
cannot be compromised.

17. THE APPLICATION OF CHAPTER IN CJ
The court has recognized a number of fundamental rights in charter in case of: case
C-175/08 Hasan [2010] ECR I-1493 for article 18, c-93/09 Volker und markus
schecke [2010] ECR I-11063 for article 8.

18. THE RELATIONSHIP BETWEEN CHAPTER
AND ECHR
However in case of ECHR, which also include in Eu legislation under article 6
(2) of treaty of Lisbon. The legal basis for the accession of the Eu provided by
article 59 (2) ECHR, as amended by protocol 14. Official talk on the accession
stated on 7 July and a draft publish on 5 April. However, this agreement on this
accession of Eu to ECHR incompatible with article 6 or protocol 8 of TEU.

19. THE CHARTER OF FUNDAMENTAL RIGHTS OF EU
IS TO HAVE THE SAME VALUE AS THE TREATIES
Conclusion