Charter compliance check

• Pages: 67-79

Part II: Practical tools



•The existence of EU comp etence in the relevant f‌iel d becomes relevant on ly if

two conditions are fu lf‌illed:

 the EU has exercised its co mpetence by adopting legislative measures;

 the national measu re comes within the exact scope of appl ication of these EU

legislative measures (for de tails, see SituationB.1).

There is anothe r kind of connectio n between the nation al legislative prop osal and provisions

of EU law (SituationB .7)

EU fundament al rights ap ply only if th is connectio n with Union law i mplies that t he national

proposal invol ves the application of EU law.

Assessment of other EU links in light of the rationale of Article51(1)

of the Charter

•If, based on the situatio ns described above, you do not reach the conclusi on that

EUfundamenta l rights apply, it is likely that they do not.

•If, however, you have identif‌ied some other so rt of EUconne ction, it cann ot be

excluded that this con nection mig ht trigger the ap plication of EU fundam ental

rights.

•For a f‌inal assessment, it is necessary to keep the rationale of Article51(1) of the

Charter in mind, which is to ensure that EUfundamental rights are not infringed in

areas of EUactivity, whether through action at EUlevel or through the implemen-

tation of EU law by the Member States (see Chapter4).

154

 Charter compliance check

•This chapter provides 1 1 questions to check the fundame ntal rights compatibility

of national legislative proposals.

•It focuses on EU fund amental right s as general principles of EU law or und er the

Charter. EU fundamen tal rights can a lso be expressed i n treaty provisions

155

or

154 CJE U, C-206/13, Cruciano Sir agusa v. Regione Sicilia — Sop rintendenza Beni Cult urali e

Ambientali di Palermo, 6March2014, para.31.

155 See Art. 15 7 of the Consolidated vers ion of the Treaty on the Funct ioning of the Europea n

Union (TFEU ), OJC326, 26October201 2.