eu-charter

EU Charter of Fundamental Rights

Article 21 - Non-discrimination

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.
2. Within the scope of application of the Treaties and without prejudice to any of their specific provisions, any discrimination on grounds of nationality shall be prohibited.

  • Text:

    Paragraph 1 draws on Article 13 of the EC Treaty, now replaced by Article 19 of the Treaty on the Functioning of the European Union, Article 14 of the ECHR and Article 11 of the Convention on Human Rights and Biomedicine as regards genetic heritage. In so far as this corresponds to Article 14 of the ECHR, it applies in compliance with it.

    There is no contradiction or incompatibility between paragraph 1 and Article 19 of the Treaty on the Functioning of the European Union which has a different scope and purpose: Article 19 confers power on the Union to adopt legislative acts, including harmonisation of the Member States' laws and regulations, to combat certain forms of discrimination, listed exhaustively in that Article. Such legislation may cover action of Member State authorities (as well as relations between private individuals) in any area within the limits of the Union's powers. In contrast, the provision in Article 21(1) does not create any power to enact anti-discrimination laws in these areas of Member State or private action, nor does it lay down a sweeping ban of discrimination in such wide-ranging areas. Instead, it only addresses discriminations by the institutions and bodies of the Union themselves, when exercising powers conferred under the Treaties, and by Member States only when they are implementing Union law. Paragraph 1 therefore does not alter the extent of powers granted under Article 19 nor the interpretation given to that Article.

    Paragraph 2 corresponds to the first paragraph of Article 18 of the Treaty on the Functioning of the European Union and must be applied in compliance with that Article.

    Source:
    Official Journal of the European Union C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.
  • Booking.com v Austria
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Constitutional Court
    Type:
    Decision
    Policy area:
    Competition
    ECLI (European case law identifier):
  • Antonio Miravitlles Ciurana and Others v Contimark SA and Jordi Socias Gispert
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General
    Type:
    Opinion
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
    ECLI:EU:C:2017:620
  • R (on the application of UNISON) v Lord Chancellor
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    ECLI (European case law identifier):
  • Regional Government of Aragón v Endesa Generación
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Court of Spain
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • A candidate to the Civil Guard against appeal against the Decision of the High Court of Justice of Madrid 375
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Court of Spain
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ES:TS:2017:1321
  • Non profit organisation ‘Touche pas à mes certificats verts’, François Régis, Warin Christian v the Walloon Region
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Council of State
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • Marie Therese Cuschieri v Attorney General
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Civil Court (Constitutional Jurisdiction)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • Petya Milkova v Izpalnitelen direktor na Agentsiata za privatizatsia i sledprivatizatsionen kontrol
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Second Chamber)
    Type:
    Decision
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
    ECLI:EU:C:2017:198
  • Petya Milkova v Izpalnitelen direktor na Agentsiata za privatizatsia i sledprivatizatsionen kontrol
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General
    Type:
    Opinion
    Policy area:
    Employment and social policy
    ECLI (European case law identifier):
    ECLI:EU:C:2016:824
  • Etablissements Fr. Colruyt
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Sixth Chamber)
    Type:
    Decision
    Policy area:
    Internal market
    ECLI (European case law identifier):
    ECLI:EU:C:2016:704

0 results found

0 results found

0 results found