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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CJEU Case C-233/18/ Jugdment

Zubair Haqbin v Federaal agentschap voor de opvang van asielzoekers
12/11/2019
Court of Justice of the European Union
Decision
Belgium

Introduction

  1. By its questions for a preliminary ruling, the arbeidshof te Brussel (Higher Labour Court, Brussels, Belgium) asks the Court to clarify the meaning of the provisions laid down in Article 20(4) of Directive 2013/33/EU, (
  2. ...
EU Charter Article(s) referenced: 

CJEU Joined Cases C-469/18 and C-470/18 / Opinion

IN (C‑469/18) JM (C‑470/18) v Belgische Staat
11/07/2019
Court of Justice of the European Union
Opinion
Belgium

Key facts of the case:

  1. Is a Member State implementing Union law if its tax authorities use, for an income tax assessment, evidence that the investigating authorities obtained after
  2. ...
EU Charter Article(s) referenced: 

CJEU Case Avis 1/17/ Opinion

Request for an opinion by the Kingdom of Belgium
29/01/2019
Court of Justice of the European Union
Opinion
Belgium

Introduction

  1. On 30 October 2016 Canada, of the one part, and the European Union and its Member States, of the other part, signed in Brussels a ‘Comprehensive Economic and Trade Agreement’, better known by the
  2. ...
EU Charter Article(s) referenced: 

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: 

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: 

Belgium / Council State / 237.860

Non profit organisation ‘Touche pas à mes certificats verts’, François Régis, Warin Christian v the Walloon Region
30/03/2017
National Court/Tribunal
Decision
Belgium

Key facts of the case: 

The requesting party requested the annulment of a Ministerial Decree of 2 October 2014 regulating electricity produced by renewable sources of energy. Before the adoption of the Ministerial...

EU Charter Article(s) referenced: 

Belgium / Council of State / 237.723

Hugo Bogaerts, Kristien Roelants, Lin Ploegaert, Marina Apers, Marc van Damme v Belgium
21/03/2017
National Court/Tribunal
Decision
Belgium

Key facts of the case: 

A Royal Decree of 30 January 2014 changed the costs of joint petitions to the Council of State. Whereas petitioners previously only had to pay one fee, the Royal Decree put down that each...

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

Belgium / Constitutional Court / 13/2017

Non profit organisation ‘Bewonersgroep Onze Tuin’, D.M. and others, F.B and P.V., ‘Order van Vlaamse balies’ and Dominique Mathys, l’Ordre des avocats à la Cour de cassation and Bruno Maes, non profit organisation ‘Aktiekomitee Red de Voorkempen’ and others, non profit organisation ‘Associations Belges des Consommateurs Test-Achats and l’Ordre des barreaux francophones et germanophones v Belgium
09/02/2017
National Court/Tribunal
Decision
Belgium

Key facts of the case: 

The Law of 28 April 2015 reforms the court office fees. Instead of being fixed, those fees are set in proportion to the value of the claim. Furthermore, a court office fee is added for labour and fiscal cases for...

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

Belgium / Cassation Court / P.16.0281.F/1

A.H. against a decision issued by the Appeal Court of Liège
16/03/2016
National Court/Tribunal
Decision
Belgium

Key facts of the case: 

The claimant has no valid documentation for living in the Belgian territory and he or she has been deprived of liberty in order to guarantee his or her removal from the national territory....

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

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