Charter compliance check

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
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).
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
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.

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