Chapter

The Charter of Fundamental Rights

David Anderson QC and Cian C Murphy

in EU Law after Lisbon

Published in print January 2012 | ISBN: 9780199644322
Published online May 2012 | e-ISBN: 9780191738173 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199644322.003.0007
The Charter of Fundamental Rights

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The EU Charter of Fundamental Rights has been incorporated into European constitutional law 10 years after it was adopted by the EU institutions. In that time the Charter developed from a ‘solemn proclamation’ to a persuasive authority before the European Courts and now a binding Charter for the EU. It has been referred to in the case law of both the European Court of Justice and the European Court of Human Rights. However, the Charter's history and future are the subject of political contest and academic debate. Along with the accession to the European Convention on Human Rights, it is likely to provide much scope for debate in coming years. This chapter assesses the Charter's development from a proposal to increase EU legitimacy to its current status as the Union's own Bill of Rights. It examines the rights protected by the Charter, their sources and how they may be interpreted in light of the ‘Explanations’ in the Official Journal. The case law of the European Courts on the Charter is catalogued and analysed to determine the Charter's likely value in human rights litigation. Finally, the chapter analyses the application of the Charter across the EU and considers its implications in the Member States that have limited its effect. Three related themes are woven throughout the analysis: the conflicting motivations of the Member States and the EU institutions, the potential for broadening and strengthening human rights protection in the EU and the Charter's relationship with the European Convention on Human Rights.

Keywords: EU Charter; fundamental rights; human rights; European Courts

Chapter.  14246 words. 

Subjects: EU Law

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