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Charter of Fundamental Rights of the European Union

The Charter of Fundamental Rights of the European Union (CFR) enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law. It was drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission. However, its then legal status was uncertain and it did not have full legal effect[1] until the entry into force of the Treaty of Lisbon on 1 December 2009.

Not to be confused with European Convention on Human Rights.

Charter of Fundamental Rights of the European Union

2 October 2000

7 December 2000

Institutions and member states of the European Union

Consolidate and enshrine the broad array of rights afforded to citizens of the European Union

The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU. It applies to all the bodies of the European Union and the Euratom which must act and legislate in accordance with its provisions, as the EU's courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter.


The EU member states are also bound by the Charter when engaged in implementation of the European Union law. However, Poland has been granted a partial opt-out from enforcement of the CFR in spite of participating in the AFSJ; in contrast, Denmark and Ireland have fully adopted the Charter, in spite of having been granted opt-outs from the AFSJ (a general and a partial one, respectively).

The first title (Dignity) guarantees the and personal integrity and prohibits torture, slavery, the death penalty, eugenic practices and reproductive human cloning. Its provisions are mostly based on the ECHR, although Article 1 closely reflects Article 1 of the German Basic Law.

right to life

The second title (Freedoms) covers liberty, , protection of personal data, marriage, thought, religion, expression, assembly, education, work, property and asylum.

privacy

The third title (Equality) covers , prohibition of all discrimination including on basis of disability, age and sexual orientation, cultural, religious and linguistic diversity, the rights of children and the elderly.

equality before the law

The fourth title (Solidarity) covers social and including the right to fair working conditions, protection against unjustified dismissal, and access to health care, social and housing assistance, environmental protection and consumer protection.

workers' rights

The fifth title (Citizen's Rights) covers the rights of the EU citizens such as the and right to candidacy in elections to the European Parliament and municipal elections and the right to move freely within the EU. It also includes several administrative rights such as a right to good administration, to access documents and to petition the European Parliament.

right to vote

The sixth title (Justice) covers justice issues such as the , a fair trial, to the presumption of innocence, the principle of legality, non-retrospectivity and double jeopardy.

right to an effective remedy

The seventh title (General Provisions) concerns the interpretation and application of the Charter. These issues are dealt with .

above

The Charter contains some 54 articles divided into seven titles. The first six titles deal with substantive rights under the headings: dignity, freedoms, equality, solidarity, citizens' rights and justice, while the last title deals with the interpretation and application of the Charter. Much of Charter is based on the European Convention on Human Rights (ECHR), European Social Charter, the case-law of the European Court of Justice and pre-existing provisions of European Union law.

Raising the Charter's profile[edit]

The EU has attempted to raise the profile of the Charter so that citizens are more aware of their rights. For example, the EU Fundamental Rights Agency (FRA) has produced apps for iOS[49] and Android[50] with the text of the Charter in all EU languages and related information. It has also published mini-versions of the Charter in all EU languages.


In 2010, the FRA put out a tender for poets to turn the Charter into an 80-minute-long epic poem, with music, dance and multimedia elements. This was also to raise awareness and to simplify the legal text into more understandable language.[51][52] However, Viviane Reding, the European Commissioner for Justice, Freedom & Security, wrote to the director of the FRA slamming the idea on cost and dignity grounds and instructing him to cancel the project.[53]

Capital punishment in Europe

Citizenship of the European Union

Fundamental Rights Agency

European Single Market

European Social Charter

Fundamental rights

Three generations of human rights

LGBT rights in the European Union

Peers, Steve; Ward, Angela, eds. (2004). The EU Charter and of Fundamental Rights: politics, law and polity. Oxford: Hart Publishing.

Anastasios Antoniou (2009). . Hellenic Review of European Law (4): 97. Archived from the original on 25 December 2009.

"Increasing Rights' Protection in the EU: The Charter of Fundamental Rights in Trajectory of Enforcement"

Charter (2000), original version as proclaimed by the institutions

(2007), version incorporated in the Treaty of Lisbon and explanation relating to it

Charter of Fundamental Rights of the European Union

The Charter in the latest (2012) consolidated version of the Lisbon Treaty

European Parliament's explanation of the Charter

The Charter on the European Commission's website