Charter of Fundamental Rights of the European Union and European Convention on Human Rights
Produced in partnership with Laura Bolado of Andes Legal Consulting Ltd
Charter of Fundamental Rights of the European Union and European Convention on Human Rights

The following Public Law practice note produced in partnership with Laura Bolado of Andes Legal Consulting Ltd provides comprehensive and up to date legal information covering:

  • Charter of Fundamental Rights of the European Union and European Convention on Human Rights
  • Background to the Charter of Fundamental Rights the European Union and European Convention on Human Rights
  • Scope of application of the Charter of Fundamental Rights
  • Content of the Charter of Fundamental Rights
  • What is the difference with the ECHR?
  • Jurisdiction of the Court of Justice of the European Union and European Court of Human Rights
  • Is Protocol No 30 on the Charter of Fundamental Rights an opt-out?
  • Judicial consideration of Protocol No 30
  • EU accession to the ECHR
  • Brexit impact—potential divergence between UK and EU law
  • More...

Charter of Fundamental Rights of the European Union and European Convention on Human Rights

Background to the Charter of Fundamental Rights the European Union and European Convention on Human Rights

Human rights are considered as principles of EU law and the case law of the Court of Justice of the European Union has referred many times to the European Convention on Human Rights (ECHR), but only as guidance. The EU as such has no obligation to apply the ECHR as it is not one of its signatories, as opposed to the individual EU Member States, which are parties to the ECHR and bound by it. Hence in the EU, at present, the ECHR applies only in national courts to purely national cases.

To partially remedy this jurisdiction situation, and to make more visible the rights that EU citizens have been granted by the EU legal order, including those general principles of EU law, in 1999 the European Council made the decision to draft the Charter of Fundamental Rights of the European Union (the Charter), incorporating and adapting the content of the ECHR. The Charter was formally proclaimed in Nice in December 2000 by the European Council, Parliament and Commission to become part of the EU acquis.

At this point the Charter was not legally binding but was seen as a 'gentleman’s agreement' that would be respected by all

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