Charter of the basic rights of the European Union

The Charte of the basic rights is an adopted declaration of the rights the December 7th 2000 by the European Union.

It does not have a constraining value from a legal point of view since it was signed only by the European institutions without to be formally ratified by the States.

The question of the legal status - i.e. of a binding nature of the Charter by its incorporation in the treated on the European Union - was raised by the European Council of Cologne which launched the company. Convention wrote the charter project with a view to this possible incorporation and the the European Parliament was declared favorable there. The European Council of Nice (cf annexes I of the conclusions) decided to examine the question of the legal status of the Charter within the framework of the debate about the future of the European Union which opened as of on January 1st 2001. It was thus inserted in the the Treaty of Rome of 2004, signed by the Twenty-seven ones but ratified by only 18 States of the Union.

The modifying Traité of 2007 will contain in the article on the basic rights a mention of the Charter on which it will confer a juridically constraining value (except for the the United Kingdom and the Poland. The Civic platform (PO) of Donald Tusk, victorious of the legislative elections of October 21st, 2007 in Poland however announced the evening of the elections which Poland will adhere to the Charter basic rights).

Development of the Charter

It was signed and proclaimed by the presidents of the the European Parliament, the Conseil and the Commission at the time of the European Council of Nice the December 7th 2000. This Charter is the result of an original procedure - and without precedent in the history of the European Union - which can be thus summarized:

the European Councils of Cologne (3 June 4th 1999) and of Tampere (October 1999) requested an work group which is him even proclaimed Convention to write a project. Constituted in December 1999, it adopts its project the October 2nd 2000,
the European Council of Biarritz (13 October 14th 2000) gave its unanimous agreement on this project and transmitted it to the European Parliament and to the Commission,
the European Parliament gave its agreement the November 14th 2000 and the Commission on December 6th, 2000,
in the name of their institutions, the presidents of the European Parliament, the Council and the Commission signed and proclaimed the Charter the December 7th 2000 with Nice.

Convention was primarily made up of the lawyers, appointed as follows:

15 by the heads of state and government;
16 by the European Parliament;
30 by the National parliaments;
1 by the European commission.

Convention was chaired by Roman Herzog, former President of the Federal Republic of Germany and the Constitutional court of Karlsruhe.

The Office of Convention was composed of:

Mr. Pedro Bacelar de Vasconcelos and Mr. Guy Braibant for the Representatives of the Heads of state and government
Mr. Gunnar Jansson for the representatives of the National parliaments
Mr. Iñigo Méndez de Vigo for the representatives of the European Parliament
Mr. António Vitorino

The Constitutional treaty charter and draft

The charter constitutes title II of the Traité establishing a Constitution for Europe. This treaty not having been ratified by all the Member States, it does not change for the moment the legal status of the Charter.

Contents of the Charter

The Charter of the basic rights of the European Union begins again in a single text, for the first time in the history of the European Union, the whole of the civic rights, political, economic and social of the European citizens as well as all people living on the territory of the Union.

The text includes/understands 54 articles preceded by a short preamble. The rights are gathered in six great chapters:

These six chapters are supplemented by a seventh which comprises the final provisions.

They are based in particular on the fundamental rights and freedoms recognized by the European Convention of the human rights (instrument of the the Council of Europe), the constitutional traditions of the Member States of the European Union, the European Social charter of the Council of Europe and the Community Charte of the fundamental social rights of the workers as of other international conventions to which the European Union or its Member States adheres. The Arrêt Nold of the Court of justice of the European Communities of the May 14th 1974 affirms however already that the basic rights as recognized in the national rights belong to the right of the Communities and must be defended by those.

Range of the Charter

Obligatory absence of force

The Charter not having entered the substantive law, it has in theory only one teaching, moral and political value. The Court of justice of the European Communities however already referred there as a source of inspiration.

A Charter relating to the Community legislation

Article 51, subparagraph 1st, specify that “this charter is addressed only to the institutions and bodies of the Union in the respect of the Principe of subsidiarity”.

For the Member States, the charter is essential on them only when they implement the right of the Union. This charter indeed applies in the three European pillars.

Article 52 precise: “In the respect of the principle of proportionality, of the limitations can be brought only if they are necessary and meet indeed aims of General interest recognized by the Union or with the need for protection of the rights and freedoms of others. ”

A reference for the Agency of the basic rights

The charter will be the reference for the action of this agency installation in February 2007.

This agency is three responsible:

to collect information and data,
to formulate councils for the European Union and of its Member States,
to stimulate the dialog with the civil society in order to sensitize the public with the basic rights more.

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