Case-law Database

The FRA Case-law Database provides a compilation of Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR) case law with direct references to the Charter of Fundamental Rights of the European Union.

It also contains a selection of national case law with direct references to the Charter from all EU Member States.

The data include a formal reference to the decisions, judgments and opinions, an abstract in English, excerpts of the paragraphs where the Charter is quoted, and if available a link to the full text document.

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Case-law Database

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Belgium / Constitutional Court / 81/2018

The Order of Flemish Lawyers and D.M. v. The Belgian State
28/06/2018
National Court/Tribunal
Decision
Belgium

Key facts of the case

The Act of 25 December 2016 to amend the legal status of prisoners, surveillance in prisons and divers provisions concerning justice inserted a new Article in the Judicial Code. Article 81 of this Act inserts the obligation...

EU Charter Article(s) referenced: 

Belgium / Constitutional Court / 77/2018

E.M. and the non-profit organisation “Aimer Jeunes” v. Belgian State
21/06/2018
National Court/Tribunal
Belgium

Key facts of the case

The Act of 6 July 2016 amends the Judicial Code concerning legal assistance. To determine if a person qualifies for legal assistance, the Order of Lawyers is no longer required to merely take into account the income of the...

EU Charter Article(s) referenced: 

Ireland / Supreme Court / [2017] IESC 35

N.H.V. v Minister for Justice & Equality and ors
30/05/2018
National Court/Tribunal
Decision
Ireland

Key facts of the case: 

The case concerned the right of asylum seekers to work in Ireland. ‘Direct provision’ is the system which applies to asylum seekers while their applications for refugee status are being...

EU Charter Article(s) referenced: 

Austria / Highest Administrative Court / Ra 2017/19/0602

Syrian national vs. Austria
03/05/2018
National Court/Tribunal
Austria

Key facts of the case 

A Syrian national entered the EU in Bulgaria and applied for asylum there on 18 November 2016. Following this, she applied for asylum again in Austria on 30 Dezember 2016. The Federal Asylum Authority consulted the Bulgarian authorities and...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

Austria / Constitutional Court / E3296/2017

Iranian national vs. Austria
26/02/2018
National Court/Tribunal
Decision
Austria

Key facts of the case

The complainant, an Iranian national, applied for international protection on 28 October 2015 following his entry into the Federal territory of Austria. He brought forward to be Christan and that based on that he would be persecuted in Iran in case...

EU Charter Article(s) referenced: 

Belgium / Council of State / 240.621

Non-identified foreign citizen v. The Belgian State
30/01/2018
National Court/Tribunal
Decision
Belgium

Key facts of the case

In June 2013, the plaintiff entered the country of Belgium. He submitted a request for asylum on 25 April 2014. On 19 November 2014, the State Secretary for Asylum and Migration denied the request and issued an order to...

EU Charter Article(s) referenced: 

Austria / Highest Administrative Court / Ra 2018/20/0001

Asylum seeker facing removal to Italy, Administrative Court
23/01/2018
National Court/Tribunal
Decision
Austria

Key facts of the case

The judgement of the Highest Administrative Court does not provide much information on the original case. However, the case was about a women with two children who faced removal to Italy based on the Dublin III regulation....

EU Charter Article(s) referenced: 

France / Council of State / 416192

Ms A. v Prefecture of Essonne
05/12/2017
National Court/Tribunal
Decision
France

Key facts of the case: 

Mr. and Mrs. A. presented a request for asylum for themselves and their son D to the Prefecture of Essonne on 27 June 2017. In two Orders of 2 November 2017, the Prefect of Essonne...

EU Charter Article(s) referenced: 
ECHR Article(s) referenced: 

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