How does the Charter relate to national and international fundamental rights instruments?

• Pages: 22-25

Applying the Charter of Fundamental Rights of the European Union in law

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2 How does the Charter relate to national

and international fundamental rights

instruments?

European Convention on Human Rights

Charter of Fundamental Rights, Article 52(3)

In so far as this Charter contains rights which correspond to rights guaran-

teed by the Convention for the Protection of Human Rights and Fundamental

Freedoms, the meaning and scope of those rights shall be the same as those

laid down by the said Convention. This provision shall not prevent Union law

providing more extensive protection.

•The European Convention o n Human Rights (ECHR) establishe s the minimum

threshold of protecti on. Union law may provide for more extensi ve protection.

•As long as the Eu ropean Union has not acceded to the ECH R, the Convention does not

constitute a legal instrument that has been formally incorporated into Union law.

32

•According to Article6 (2) of the TEU, the Union shall a ccede to the European Con-

vention for the Protecti on of Human Right s and Fundamenta l Freedoms. How-

ever, in its Opinion 2/13, the CJEU conc luded that accession un der the proposed

accession agreement wou ld not be in line with EU primary law. The EC HR as such

is thus not a source of EU law, and EU law is inter preted autonomously by the CJE U.

•However, fundamental rig hts recognised by the ECH R constitute genera l princi-

ples of the EU’s law and hence pl ay a crucial role in the EU legal system.

33

•The Charter and t he general prin ciples of Union law a re the primary fu ndamen-

tal rights ins truments when a ssessing EU law and nati onal measures within t he

scope of applicatio n of EU law.

34

32 CJEU, Joine d cases C-203/15 and C-698/15, Tele2 Sverige AB v. Post- och telestyrelse n and

Secretary of State for t he Home Departme nt v. Tom Watson and Others [GC ], 21Decem ber2016,

para.127; CJE U, C601/15PPU, J. N. v. Staatssecretari s van Veiligheid en Jus titie [GC],

15February2 016, para.45; CJEU, C-501/11P, Schindler Hold ing Ltd and Others v. European

Commission, 18July2013 , para.32; CJEU, C-571/10, Ser vet Kamberaj v. Istituto per l ’Edilizia Sociale

della Provincia autonoma di Bolzano (IPES) and Others [GC], 24 Ap ril 2012, paras.59 –62.

33 Compare Europea n Communities (2012), Con solidated version of th e Treaty on European

Union (TEU), O JC326, 26October2012 , Art.6(3).

34 CJEU, Joined cases C-203/15 and C-698/15, Tele2 Sverige AB v. Post- och tel estyrelsen

and Secretary of St ate for the Home Departm ent v. Tom Watson and Others [GC ],

21December2 016, para.128.