Lecture notes
The EU Charter of Fundamental Rights and the Relationship with the ECHR
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- University Of Sussex (UoS)
Lecture notes of 6 pages for the course Constitutional Foundations in the EU at UoS (.)
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The EU Charter of Fundamental Rights of the EU and the Relationship withthe ECHR
History
The EU Charter is the end-result of a special procedure.
The Cologne European Council (3-4 June 1999) entrusted the task of drafting
the Charter to a ‘Convention’.
The Convention held its constituent meeting in December 1999 and adopted
the draft on 2 October 2000.
The Biarritz European Council (13-14 October 2000) unanimously approved
the draft.
The Presidents of the EP, the Council and the Commission signed and
proclaimed the Charter on 7 December 2000 in Nice.
EUCFR – Why?
Re Article 6 TEU (previous wording).
‘Precisely what rights? Which traditions? And what limitations? There is, it
must be admitted, a lack of something – legal certainty, perhaps transparency
or accessibility’ – Francis G Jacobs, Human Rights in the European Union: The
Role of the Court of Justice, European Law Review (2001).
‘Making rights visible would help to bring citizens closer to the European
Union, and increase public support for the new Constitutional Treaty’ – Roy
W Davis, A Brake? The Union’s New Bill of Rights, European Human Rights
Law Review (2005).
EUCFR – When and How?
Nice European Council, 7 December 2000.
‘Solemnly proclaimed’.
1 December 2009.
Slightly amended, re-proclaimed and annexed to Treaty of Lisbon.
Legally binding.
EUCFR – The ‘Written’ Bill of Rights – The Typology of Rights Protected
Fundamental rights that apply to EU citizens and TCNs.
General principles set out in the ECHR and those derived from the constitutional
traditions common to EU countries.
Economic and social rights contained in the Council of Europe Social Charter and the
Community Charter of Fundamental Social Rights of Workers.
Principles derived from the ECJ and ECtHR case law.
Chapters:
Dignity – Title I.
, Freedoms – Title II.
Equality – Title III.
Solidarity – Title IV.
Citizens’ Rights – Title V.
Justice – Title VI.
General Provisions – Title VII.
EU Charter – Horizontal Clauses
The general provisions of the EU Charter are located in Title VII Articles 51-54.
Provisions concerning the scope and applicability of the EU Charter.
Its relationship with other legal instruments.
Standard and level of legal protection.
Article 51(1).
Addressees: EU institutions and agencies and the Member States only when
they are ‘implementing’ Union law; respect of the rights and principles and
promotion of the EU Charter within their powers.
Article 51(2).
EU Charter does not create any new power or task for the EU nor modify any
existing task.
Article 52(1).
Any limitation on the exercise of the right and freedoms recognised by this
Charter must be provided by law and must be subject to the proportionality
principle – Article 9(2) ECHR.
Article 52(2).
Rights shall be exercised under the conditions and within the limits defined
by EU Treaties.
Article 52(3).
Right in the Charter which correspond to rights in the ECHR shall have the
same meaning and scope of those in the ECHR.
Meaning of ‘implementing EU Law’ under Article 51(1) EU Charter:
When the matter falls within the scope of EU law.
Case C-617/10 Akerberg Fransson.
Mr Fransson allegedly provided false information to the
Swedish tax authorities.
He was subsequently fined and criminal proceedings against
him.
o Fransson claimed that the criminal proceedings
violated the double jeopardy principal found in article
50 of the Charter.
Swedish VAT legislation did implement an EU directive,
however the Swedish legislation providing for the fines and
criminal proceedings did not.
Was Sweden implementing EU Law?
o Did that matter in terms of applying article 51(1)?
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