Charter of Fundamental Rights of the European Union
Adopted at the Presidents of the European Parliament, the Council and the Commission at the European Council meeting in Nice on December 7, 2000. Entered into force on December 1, 2009.
- 1 Relevant Provisions of the Charter of Fundamental Rights of the European Union
- 1.1 Article 1: Human Dignity
- 1.2 Article 2: Right to life
- 1.3 Article 3: Right to the integrity of the person
- 1.4 Article 4: Prohibition of torture and inhuman or degrading treatment or punishment
- 1.5 Article 6: Right to liberty and security
- 1.6 Article 7: Respect for private and family life
- 1.7 Article 8: Protection of personal data
- 1.8 Article 10: Freedom of thought, conscience and religion
- 1.9 Article 11: Freedom of expression and information
- 1.10 Article 12: Freedom of assembly and of association
- 1.11 Article 17: Right to property
- 1.12 Article 20: Equality before the law
- 1.13 Article 21: Non-discrimination
- 1.14 Article 47: Right to an effective remedy and to a fair trial
- 1.15 Article 48: Presumption of innocence and right of defence
- 1.16 Article 49: Principles of legality and proportionality of criminal offences and penalties
- 1.17 Article 50: Right not to be tried or punished twice in criminal proceedings for the same criminal offence
- 2 Legal effect of the Charter of Fundamental Rights of the European Union
Relevant Provisions of the Charter of Fundamental Rights of the European Union
Article 1: Human Dignity
Human dignity is inviolable. It must be respected and protected.
Article 2: Right to life
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
Article 3: Right to the integrity of the person
1. Everyone has the right to respect for his or her physical and mental integrity. 2. In the fields of medicine and biology, the following must be respected in particular: the free and informed consent of the person concerned, according to the procedures laid down by law, the prohibition of eugenic practices, in particular those aiming at the selection of persons, the prohibition on making the human body and its parts as such a source of financial gain, the prohibition of the reproductive cloning of human beings.
Article 4: Prohibition of torture and inhuman or degrading treatment or punishment
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 6: Right to liberty and security
Everyone has the right to liberty and security of person.
Article 7: Respect for private and family life
Everyone has the right to respect for his or her private and family life, home and communications.
Article 8: Protection of personal data
1. Everyone has the right to the protection of personal data concerning him or her.
2. Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified.
3. Compliance with these rules shall be subject to control by an independent authority.
Article 10: Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance.
Article 11: Freedom of expression and information
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 2. The freedom and pluralism of the media shall be respected.
Article 12: Freedom of assembly and of association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests.
Article 17: Right to property
1. Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.
Article 20: Equality before the law
Everyone is equal before the law.
Article 21: Non-discrimination
1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
Article 47: Right to an effective remedy and to a fair trial
Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone shall have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice.
Article 48: Presumption of innocence and right of defence
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
Article 49: Principles of legality and proportionality of criminal offences and penalties
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than that which was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles recognised by the community of nations.
3. The severity of penalties must not be disproportionate to the criminal offence.
Article 50: Right not to be tried or punished twice in criminal proceedings for the same criminal offence
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which he or she has already been finally acquitted or convicted within the Union in accordance with the law.
Legal effect of the Charter of Fundamental Rights of the European Union
The Charter is binding on all the Member States of the European Union, which are the following:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.