The legal framework
Proclaimed in 2000 and made legally binding by the Treaty of Lisbon in 2009, the Charter brings together in fifty-four articles the civil, political, economic and social rights recognised in the Union: dignity, freedoms, equality, solidarity, citizenship and justice. Article 51 limits its reach: it addresses the Union institutions and the member states only when they are implementing Union law. It is distinct from the European Convention on Human Rights, which belongs to the Council of Europe.
The Article 51 limit is widely misunderstood: the Charter cannot be invoked in a purely domestic dispute. There must be a connection with Union law.
Two European courts coexist: the Court of Justice in Luxembourg for the Charter, the European Court of Human Rights in Strasbourg for the Convention. They belong to different organisations.
Key points
| Instrument | Charter of Fundamental Rights, binding since 1 December 2009 |
|---|---|
| Content | 54 articles: dignity, freedoms, equality, solidarity, citizenship, justice |
| Scope | Union institutions, and member states implementing Union law |
| Distinction | Separate from the European Convention on Human Rights |
| Court | Court of Justice of the European Union |
In practice
- Check first what kind of instrument it is: a regulation applies directly, a directive must be transposed and leaves differences between states.
- Consult the consolidated version on EUR-Lex, which incorporates every amendment.
- Identify the national transposing statute: that is what a court will actually apply.
- Where the meaning is disputed, look for Court of Justice judgments on the point.
- For a cross-border dispute, check whether a national contact point or a European network can help.
Cost and coverage
Consulting Union law costs nothing: EUR-Lex publishes every text free of charge, in twenty-four official languages and in consolidated form. Any cost lies in legal advice, where the interaction between the European text and the national transposing statute becomes decisive — common with directives, rare with regulations.
Where to go
- EUR-Lex, the official portal of Union law, publishing every text in twenty-four languages
- The European e-Justice Portal, for cross-border procedures
- Your Europe, the Commission's information service for citizens
- SOLVIT, the network that resolves misapplication of Union law by an administration
- The European Consumer Centre in your country, for cross-border consumer disputes
Worth knowing
Do not confuse the European Union with the Council of Europe: the European Convention on Human Rights and the Strasbourg Court are not EU bodies and cover forty-six states, including Switzerland and the United Kingdom.
Frequently asked questions
Can I rely on the Charter before my national court?
Only if the dispute involves the implementation of Union law. Otherwise the national constitution and the European Convention apply.
How does it differ from the European Convention?
The Charter is a Union instrument applied by the Court of Justice; the Convention belongs to the Council of Europe and the Strasbourg Court.
Does the Charter create new rights?
It gathers and makes visible rights already recognised; it does not extend the Union's competences.
Who is bound?
The Union institutions always, the member states only when implementing Union law.
Official sources and links
- UN Human Rights Office — ratified treaties and country reviews
- ILO NATLEX — national legislation database