eu-charter

EU Charter of Fundamental Rights

Article 51 - Field of application

Article 51 - Field of application

1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the Treaties.
2. The Charter does not extend the field of application of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers and tasks as defined in the Treaties.

  • Text:

    The aim of Article 51 is to determine the scope of the Charter. It seeks to establish clearly that the Charter applies primarily to the institutions and bodies of the Union, in compliance with the principle of subsidiarity. This provision was drafted in keeping with Article 6(2) of the Treaty on European Union, which required the Union to respect fundamental rights, and with the mandate issued by the Cologne European Council. The term ‘institutions’ is enshrined in the Treaties. The expression ‘bodies, offices and agencies’ is commonly used in the Treaties to refer to all the authorities set up by the Treaties or by secondary legislation (see, e.g., Articles 15 or 16 of the Treaty on the Functioning of the European Union).

    As regards the Member States, it follows unambiguously from the case-law of the Court of Justice that the requirement to respect fundamental rights defined in the context of the Union is only binding on the Member States when they act in the scope of Union law (judgment of 13 July 1989, Case 5/88 Wachauf [1989] ECR 2609; judgment of 18 June 1991, Case C-260/89 ERT [1991] ECR I-2925; judgment of 18 December 1997, Case C-309/96 Annibaldi [1997] ECR I-7493). The Court of Justice confirmed this case-law in the following terms: ‘In addition, it should be remembered that the requirements flowing from the protection of fundamental rights in the Community legal order are also binding on Member States when they implement Community rules ...’ (judgment of 13 April 2000, Case C-292/97 [2000] ECR I-2737, paragraph 37 of the grounds). Of course this rule, as enshrined in this Charter, applies to the central authorities as well as to regional or local bodies, and to public organisations, when they are implementing Union law.

    Paragraph 2, together with the second sentence of paragraph 1, confirms that the Charter may not have the effect of extending the competences and tasks which the Treaties confer on the Union. Explicit mention is made here of the logical consequences of the principle of subsidiarity and of the fact that the Union only has those powers which have been conferred upon it. The fundamental rights as guaranteed in the Union do not have any effect other than in the context of the powers determined by the Treaties. Consequently, an obligation, pursuant to the second sentence of paragraph 1, for the Union's institutions to promote principles laid down in the Charter may arise only within the limits of these same powers.

    Paragraph 2 also confirms that the Charter may not have the effect of extending the field of application of Union law beyond the powers of the Union as established in the Treaties. The Court of Justice has already established this rule with respect to the fundamental rights recognised as part of Union law (judgment of 17 February 1998, C-249/96 Grant [1998] ECR I-621, paragraph 45 of the grounds). In accordance with this rule, it goes without saying that the reference to the Charter in Article 6 of the Treaty on European Union cannot be understood as extending by itself the range of Member State action considered to be ‘implementation of Union law’ (within the meaning of paragraph 1 and the above-mentioned case-law).

    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.
  • Public Prosecutor v. accused
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Court
    Type:
    Decision
    Policy area:
    Economic and monetary affairs
    ECLI (European case law identifier):
    ECLI:NL:HR:2018:901
  • XC, YB, ZA in the presence of the Principal Public Prosecutor
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General
    Type:
    Opinion
    Policy area:
    Justice, freedom and security
    ECLI (European case law identifier):
    ECLI:EU:C:2018:391
  • Criminal proceedings against Nikolay Kolev and Others.
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    ECLI (European case law identifier):
    ECLI:EU:C:2018:392
  • PLAINTIFF: WIS ENERGO MORAVSKÝ ŽIŽKOV S. R. O.AND WIS ENERGO KLADNO A. S., BOTH COMPANIES PRODUCING SOLAR ENERGY DEFENDANT: THE CZECH REPUBLIC, THE MINISTRY OF FINANCE
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    The Supreme Court
    Type:
    Decision
    Policy area:
    Energy
    ECLI (European case law identifier):
  • Proceedings brought by Ministerio Fisca
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Advocate General
    Type:
    Opinion
    Policy area:
    Information society
    ECLI (European case law identifier):
    ECLI:EU:C:2018:300
  • Request for an abstract review of constitutionality made by a Group of Members of the Parliament.
    Decision date:
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Constitutional Court
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • Consorzio Italian Management and Catania Multiservizi SpA v Rete Ferroviaria Italiana SpA
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Ninth Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    ECLI:EU:C:2018:264
  • Criminal proceedings against Luca Menci
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    ECLI (European case law identifier):
    ECLI:EU:C:2018:197
  • Industrias Químicas del Vallés, SA v European Commission
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    Agriculture
    ECLI (European case law identifier):
    ECLI:EU:C:2018:177
  • European Union Copper Task Force v European Commission
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court (Grand Chamber)
    Type:
    Decision
    Policy area:
    Agriculture
    ECLI (European case law identifier):
    ECLI:EU:C:2018:176

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