eu-charter

EU Charter of Fundamental Rights

Article 6 - Right to liberty and security

Article 6 - Right to liberty and security

Everyone has the right to liberty and security of person.

  • Text:

    The rights in Article 6 are the rights guaranteed by Article 5 of the ECHR, and in accordance with Article 52(3) of the Charter, they have the same meaning and scope. Consequently, the limitations which may legitimately be imposed on them may not exceed those permitted by the ECHR, in the wording of Article 5:

    1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
    (a) the lawful detention of a person after conviction by a competent court;
    (b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;
    (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
    (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;
    (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
    (f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

    2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

    3. Everyone arrested or detained in accordance with the provisions of paragraph 1.c of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

    4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

    5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

    The rights enshrined in Article 6 must be respected particularly when the European Parliament and the Council adopt legislative acts in the area of judicial cooperation in criminal matters, on the basis of Articles 82, 83 and 85 of the Treaty on the Functioning of the European Union, notably to define common minimum provisions as regards the categorisation of offences and punishments and certain aspects of procedural 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.
  • Minister for Justice and Equality v Francis Lanigan
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Court of Justice of the European Union (Grand Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
    EU:C:2015:474
  • Bashir Mohamed Ali Mahdi
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    COURT (Third Chamber)
    Type:
    Decision
    Policy area:
    ECLI (European case law identifier):
  • Ministerul Public - Parchetul de pe lângă Curtea de Apel Constanţa v Ciprian Vasile Radu
    Decision date:
    Deciding body type:
    Court of Justice of the European Union
    Deciding body:
    Opinion of Advocate General
    Type:
    Opinion
    Policy area:
    ECLI (European case law identifier):

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