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EU Charter of Fundamental Rights
What are fundamental rights ?
What is the EU Charter of Fundamental Rights?
Preamble
Title I: Dignity
1 -
Human dignity
2 -
Right to life
3 -
Right to integrity of the person
4 -
Prohibition of torture and inhuman or degrading treatment or punishment
5 -
Slavery / Forced Labour
Title II: Freedoms
6 -
Right to liberty and security
7 -
Respect for private and family life
8 -
Protection of personal data
9 -
Right to marry and right to found a family
10 -
Freedom of thought, conscience and religion
11 -
Freedom of expression and information
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Freedom of assembly and of association
13 -
Freedom of the arts and sciences
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Right to education
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Freedom to choose an occupation and right to engage in work
16 -
Freedom to conduct a business
17 -
Right to property
18 -
Right to asylum
19 -
Protection in the event of removal, expulsion or extradition
Title III: Equality
20 -
Equality before the law
21 -
Non-discrimination
22 -
Cultural, religious and linguistic diversity
23 -
Equality between women and men
24 -
The rights of the child
25 -
The rights of the elderly
26 -
Integration of persons with disabilities
Title IV: Solidarity
27 -
Workers' right to information and consultation within the undertaking
28 -
Right of collective bargaining and action
29 -
Right of access to placement services
30 -
Protection in the event of unjustified dismissal
31 -
Fair and just working conditions
32 -
Prohibition of child labour and protection of young people at work
33 -
Family and professional life
34 -
Social security and social assistance
35 -
Health care
36 -
Access to services of general economic interest
37 -
Environmental protection
38 -
Consumer protection
Title V: Citizens' rights
39 -
Right to vote and to stand as a candidate at elections to the European Parliament
40 -
Right to vote and to stand as a candidate at municipal elections
41 -
Right to good administration
42 -
Right of access to documents
43 -
European Ombudsman
44 -
Right to petition
45 -
Freedom of movement and of residence
46 -
Diplomatic and consular protection
Title VI: Justice
47 -
Right to an effective remedy and to a fair trial
48 -
Presumption of innocence and right of defence
49 -
Principles of legality and proportionality of criminal offences and penalties
50 -
Right not to be tried or punished twice in criminal proceedings for the same criminal offence
Title VII: General provisions
51 -
Field of application
52 -
Scope and interpretation
53 -
Level of protection
54 -
Abuse of rights
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CJEU - C 227/08 / Judgment
CJEU - C 227/08 / Judgment
Eva Martín Martín v EDP Editores SL
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (First Chamber)
Type
Decision
Decision date
17/12/2009
EU Charter of Fundamental Rights
EU Charter of Fundamental Rights
Title IV: Solidarity
Article 38 - Consumer protection
VIEW FULL CASE
CJEU - C 227/08 / Judgment
Key facts of the case:
This case concerned the interpretation of Article 4 of Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises. A reference was made in the course of proceedings between EDP Editores SL (‘EDP’) and Ms Martín Martín following the refusal of Ms Martín Martín to pay for goods ordered in accordance with the signing of a contract agreed, at her home, with an EDP representative. Ms Martin was ordered by the Salamanca Court of First instance to pay the agreed sum. She appealed. The Salamanca Regional High Court considered that the contract in question may be declared void as the defendant had not been informed of her right to withdraw her consent within a period of seven days from delivery of the goods, nor of the conditions for and consequences of the exercise of that right. However, these points were not made by Ms Martín Martín before the court at first instance or during the appeal proceedings. The Regional High Court therefore sought a ruling on whether the Council Directive and article 38 of the EU Charter of Fundamental Rights allowed it, of its own motion, to declare a contract which falls within the scope of that Directive void in such circumstances.
Results (sanctions) and key consequences of the case:
The ECJ held that as a general rule a national court is able to act of its own motion only in exceptional cases where the public interest requires its intervention (para 20). It ruled that the interests of consumers protected by the Directive amounted to such a public interest allowing the Court to act of its own motion.
Interpretation of article(s) and implications for the resolution of the case:
EU Charter of Fundamental Rights - Article 38:
The ECJ held that “the directive ensures consumer protection by granting, first of all, a right of cancellation to the consumer. Such a right seeks specifically to offset the disadvantage, for the consumer, of sales which take place away from business premises, to enable him over a period of at least seven days to assess the obligations arising under the contract. (para 23) In order to strengthen consumer protection in situations where consumers find themselves caught unawares, Article 4 of the Directive also requires traders to give consumers written notice of their right to cancel the contract and the conditions for and means of exercising such a right.” (para 24) The public interest served by these provisions therefore enabled the national court to apply arguments in the consumer’s favour even though they had not been made in any application or defence.
Paragraphs referring to EU Charter
20, 23, 24