The European Union’s Charter of Fundamental Rights (CFR) sets out certain political, social and economic rights for citizens of the European Union (EU) and citizens under EU law. It was drafted by the European Convention and ratified by the European Parliament, the Council of Ministers and the European Commission on 7 December 2000. However, its legal status at the time was uncertain, and it was not until the implementation of the Lisbon Treaty on 1 December 2009 that it had full legal impact.
Under the Charter, the EU must act and legislate in accordance with the Charter, and the Court of Justice of the European Union will overturn laws passed by EU institutions that violate the Charter. The Charter applies to EU organisations and their member states in the application of EU law.
After the implementation of the Lisbon Treaty in 2009, the Bill of Rights has the same legal value as the EU Treaty. The charter referred to in the convention is a revised version of the 2000 document, which was humbly submitted by the three bodies the day before the Lisbon Treaty itself was signed.
Article 51(1) of the Charter deals with EU institutions and structures established under EU law and, under applicable EU law, the charters of EU member states. The addition of Article 6 of the EU Amendment Agreement and Article 51(2) of the Charter itself limits the scope of the Charter’s expansion of EU powers. As a result, the EU will not be able to legislate to protect the rights enshrined in the Charter unless the power to do so is provided for in the relevant convention. Furthermore, unless the relevant member state applies EU law, one cannot take a member state to court for failing to uphold rights in the Charter. This is the last point that has caused a lot of debate.
The Charter is not the first attempt to place human rights principles at the heart of EU law. All EU member states and participating countries are required to sign the European Convention on Human Rights so that many of the Convention’s principles, such as the right to a fair trial, can be considered the foundation of Europe. Even before they were reformulated in the charter, a court order. In defining the human rights protection afforded by the general principles of EU law (described in the aforementioned court cases), the European Court of Justice has addressed the question of whether the rights protected by these common principles apply to member states. After finding in Johnston v Royal Ulster Constabulary] that the right to fair proceedings is one of the common principles of EU law, in Kremzow v Austria  the ECJ had to decide whether Member States were obliged to apply the principle or not. About unjust murder charges. Lawyers for Kremzo have argued that his case is governed by EU law, arguing that his unfair conviction and sentence violated his right to freedom of movement within the EU. The European Court of Justice responded that because Kremzow’s law was not enforced under EU law, the nature of his criticism was unlawful in EU law. D01D02D03D04D05D06D07D08D09D10D11D12D13D14 D15D16D17D18D19D20D21D22D23D24D25D26D27D28D29