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Article 52 - Scope and interpretation

1. Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
2. Rights recognised by this Charter for which provision is made in the Treaties shall be exercised under the conditions and within the limits defined by those Treaties.
3. In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.
4. In so far as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.
5. The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.
6. Full account shall be taken of national laws and practices as specified in this Charter.
7. The explanations drawn up as a way of providing guidance in the interpretation of this Charter shall be given due regard by the courts of the Union and of the Member States.

  • Estonia / Supreme Court, Criminal Law Chamber / 3-1-1-48-12
    Raivo Paala v Estonia
    Decision date:
    30 May 2012
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Criminal Law Chamber of the Supreme Court
    Type:
    Decision
    Policy area:
    Fight against fraud
    Taxation
  • Austria / Constitutional Court / U466/11; U1836/11
    Two anonymised Chinese nationals v Austrian Asylum Court (Asylgerichtshof)
    Decision date:
    14 Mar 2012
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Austria / Constitutional Court
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    Asylum and migration
    ECLI (European case law identifier):
    ECLI:AT:VFGH:2012:U466.2011
  • Austria / Asylum Court / C8 263654-0/2008
    Asylum seeker from China v Austria
    Decision date:
    12 Mar 2012
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Austria / Asylum Court
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    Asylum and migration
  • Austria / Asylum Court / D19 423919-1/2012/2E, D19 423918-1/2012-2E
    Asylum seekers from Russia/Chechnya v Federal Asylum Office
    Decision date:
    27 Jan 2012
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Austria / Asylum Court
    Type:
    Decision
    Policy area:
    Justice, freedom and security
    Asylum and migration
  • Romania / Constitutional Court / 116D/2011, 374D/2011
    Horia Ciorcilă and Radu Jurcovan / Claudiu Eugen Iuliu Silaghi, Doina Mărioara Cojocaru and Sergiu Dan Dascăl
    Decision date:
    25 Jan 2012
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Romania / The Romanian Constitutional Court
    Type:
    Decision
    Policy area:
    Justice, freedom and security
  • CJEU - Joined cases C 468/10 and C 469/10 / Judgment
    Asociación Nacional de Establecimientos Financieros de Crédito (ASNEF), Federación de Comercio Electrónico y Marketing Directo (FECEMD) v Administración del Estado
    Decision date:
    24 Nov 2011
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    European Court of Justice (Third Chamber)
    Type:
    Decision
  • CJEU - C 163/10 / Judgment
    Aldo Patricello
    Decision date:
    06 Nov 2011
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    European Court of Justice (Grand Chamber)
    Type:
    Decision
  • Austria / Supreme Administrative Court / 6Ob63/11z
    Right to informational self-determination, Dr. M.H. appeal against order of lower court
    Decision date:
    14 Sep 2011
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Supreme Administrative Court
    Type:
    Decision
    Policy area:
    Economic and monetary affairs
    Enterprise
    ECLI (European case law identifier):
    ECLI:AT:OGH0002:2011:0060OB00063.11Z.0914.000
  • Italy / Tribunale di Firenze, Sezione Lavoro / 2940 R.G.
    Maternity benefits for stateless person
    Decision date:
    09 Aug 2011
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Court of Firenze, Employment Section
    Type:
    Decision
  • Portugal / Tribunal Constitucional / Judgment 97/2011
    Scope of article 78a (1) of the Constitutional Court Act
    Decision date:
    09 Feb 2011
    Deciding body type:
    National Court/Tribunal
    Deciding body:
    Constitutional Court
    Type:
    Decision

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