Charter of Fundamental Rights of the European Union
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The Charter of Fundamental Rights of the European Union 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 until the entry into force of the Treaty of Lisbon on 1 December 2009.
Under the Charter, the European Union must act and legislate consistently with the Charter and the EU's courts will strike down legislation adopted by the EU's institutions that contravenes it. The Charter applies to the Institutions of the European Union and its member states when implementing European Union law.
The text
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.
- The first title (Dignity) guarantees the right to life and prohibits torture, slavery, the death penalty, eugenic practices and human cloning. Its provisions are mostly based on the ECHR, although Article 1 closely reflects Article 1 of the German Basic Law.
- The second title (Freedoms) covers liberty, personal integrity, privacy, protection of personal data, marriage, thought, religion, expression, assembly, education, work, property and asylum.
- The third title (Equality) covers equality before the law, 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.
- The fourth title (Solidarity) covers social and workers' rights including the right to fair working conditions, protection against unjustified dismissal, and access to health care, social and housing assistance.
- The fifth title (Citizen's Rights) covers the rights of the EU citizens such as the right to vote in election to the European Parliament and 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.
- The sixth title (Justice) covers justice issues such as the right to an effective remedy, a fair trial, to the presumption of innocence, the principle of legality, non-retrospectivity and double jeopardy.
- The seventh title (General Provisions) concerns the interpretation and application of the Charter. These issues are dealt with above.
See also
- Capital punishment in Europe
- Fundamental Rights Agency
- European Single Market
- European Social Charter
- Fundamental rights
- Three generations of human rights
- LGBT rights in the European Union