EU Charter of Fundamental Rights

Preamble 

(2) Article 31 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) provides for the right of every worker to fair and just working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or her. Article 12 of the Charter provides that everyone has the right to freedom of assembly and of association at all levels. Article 16 of the Charter recognises the freedom to conduct a business. Article 21 of the Charter prohibits discrimination.

Article 7: Limitations on the processing of personal data by means of automated monitoring systems or automated decision-making systems

1.   Digital labour platforms shall not, by means of automated monitoring systems or automated decision-making systems:

(a) process any personal data on the emotional or psychological state of a person performing platform work;

(b) process any personal data in relation to private conversations, including exchanges with other persons performing platform work and the representatives of persons performing platform work;

(c) collect any personal data of a person performing platform work while that person is not offering or performing platform work;

(d) process personal data to predict the exercise of fundamental rights, including the freedom of association, the right of collective bargaining and action or the right to information and consultation as laid down in the Charter;

(e) process any personal data to infer the racial or ethnic origin, migration status, political opinions, religious or philosophical beliefs, disability, state of health, including chronic disease or HIV status, emotional or psychological state, trade union membership, sex life or sexual orientation;

(f) process any biometric data, as defined in Article 4, point (14), of Regulation (EU) 2016/679, of a person performing platform work to establish that person’s identity by comparing that data to stored biometric data of natural persons in a database.

Preamble 

(109) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Articles 16, 47 and 50 thereof. Accordingly, the interpretation and application of this Regulation should respect those rights and principles,

Preamble 

(15) This Regulation does not affect the freedom of expression and information guaranteed to individuals under the Charter. The European Court of Human Rights has observed that in such a sensitive sector as the audiovisual media sector, in addition to its negative duty of non-interference, the public powers have a positive obligation to put in place an appropriate legislative and administrative framework to guarantee effective media pluralism

(20) In order to avoid circumvention of the protection of journalistic sources and confidential communications and guarantee adequate respect for one’s private and family life, home and communications in accordance with the Charter, safeguards should also apply to persons who, because of their regular private or professional relationship with media service providers or members of their editorial staff, are likely to have information that could identify journalistic sources or confidential communications. That should include persons living in a close relationship in a joint household and on a stable and continuous basis and persons who are or have been professionally involved in the preparation, production or dissemination of programmes or press publications and who are only targeted due to their close links with media service providers, journalists or other members of the editorial staff. The protection of journalistic sources and confidential communications should also benefit the staff of media service providers, such as the technical staff, including cybersecurity experts, who could be targeted given the important support role they provide to journalists in their daily work, which requires solutions to ensure the confidentiality of journalists’ work, and the resulting likelihood that they have access to information concerning journalistic sources or confidential communications.

(21) Protecting journalistic sources and confidential communications is consistent with and contributes to the protection of the fundamental right enshrined in Article 11 of the Charter. It is also crucial for safeguarding the ‘public watchdog’ role of media service providers and, in particular investigative journalists in democratic societies and for upholding the rule of law. In light thereof, ensuring an adequate level of protection for journalistic sources and confidential communications requires that measures for obtaining such information be authorised by an authority that can independently and impartially assess whether it is justified by an overriding reason of public interest, such as a court, a judge, a prosecutor acting in a judicial capacity, or another such authority with competence to authorise those measures in accordance with national law. It also requires that surveillance measures be subject to regular review by such an authority to ascertain whether the conditions justifying the use of the measure in question continue to be fulfilled. That requirement is also met where the purpose of the regular review is to verify whether the conditions justifying an extension of the authorisation for the use of the measure have been fulfilled.

(26) Intrusive surveillance software should only be deployed where it is justified by an overriding reason of public interest, it is provided for in Union or national law, it is in compliance with Article 52(1) of the Charter as interpreted by the Court of Justice and with other Union law, it has been authorised ex ante or, in exceptional and urgent cases, subsequently confirmed by a judicial authority or an independent and impartial decision-making authority, it occurs in investigations of offences listed in Article 2(2) of Council Framework Decision 2002/584/JHA (9) punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least three years or in investigations of other serious offences punishable in the Member State concerned by a custodial sentence or a detention order of a maximum period of at least five years, as determined by the national law of that Member State, and provided that no other less restrictive measure would be adequate and sufficient to obtain the information sought. According to the principle of proportionality, limitations can be made to an individual’s rights and freedoms only if they are necessary and genuinely meet objectives of general interest recognised by the Union. Thus, as regards specifically the deployment of intrusive surveillance software, it is necessary to ascertain whether the offence in question attains a threshold of seriousness as laid down in this Regulation, whether, following an individual assessment of all the relevant circumstances in a given case, the investigation and prosecution of that offence merit the particularly intrusive interference with fundamental rights and economic freedoms consisting in the deployment of intrusive surveillance software, whether there is sufficient evidence that the offence in question has been committed, and whether the deployment of intrusive surveillance software is relevant for the purpose of establishing the facts related to the investigation and prosecution of that offence.

(77) This Regulation respects the fundamental rights and observes the principles recognised by the Charter, in particular Articles 7, 8, 11, 16, 47, 50 and 52 thereof. Accordingly, this Regulation should be interpreted and applied with due respect for those rights and principles. In particular, nothing in this Regulation should be interpreted as interfering with the freedom of information, editorial freedom or the freedom of the press as enshrined in national constitutional law that is consistent with the Charter or as incentivising Member States to introduce requirements for the editorial content of press publications.

Article 4: Rights of media service providers 

4.   By way of derogation from paragraph 3, points (a) and (b), of this Article, Member States may take a measure referred to therein, provided that it:

(a) is provided for by Union or national law;

(b) is in compliance with Article 52(1) of the Charter and other Union law;

(c) is justified on a case-by-case basis by an overriding reason of public interest and is proportionate; and

(d) is subject to prior authorisation by a judicial authority or an independent and impartial decision-making authority or, in duly justified exceptional and urgent cases, is subsequently authorised by such an authority without undue delay.

8.   Member States shall ensure that media service providers, their editorial staff or any persons who, because of their regular or professional relationship with a media service provider or its editorial staff, might have information related to or capable of identifying journalistic sources or confidential communications have a right to effective judicial protection, in line with Article 47 of the Charter, in cases regarding breaches of paragraphs 3 to 7 of this Article.

Article 6: Duties of media services providers

3.   Without prejudice to national constitutional law consistent with the Charter, media service providers providing news and current affairs content shall take measures that they deem appropriate with a view to guaranteeing the independence of editorial decisions. In particular, such measures shall aim to:

(a) guarantee that editorial decisions can be taken freely within the established editorial line of the media service provider concerned; and

(b) ensure that any actual or potential conflicts of interest that might affect the provision of news and current affairs content are disclosed.

Preamble  

(37) This Directive respects the fundamental rights and observes the principles recognised in particular by the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union. Specifically, it should be applied with due respect for the freedom to conduct a business, equality before the law and the principle of non-discrimination, the right to an effective remedy and to a fair trial and the principles of legality and proportionality of criminal offences and penalties, in accordance with Articles 16, 20, 21, 47 and 49 of the Charter.

Preamble 

(10) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular this Directive seeks to ensure full respect for human dignity and the right to asylum of applicants for asylum and their accompanying family members.

(16) This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.  In particular this Directive seeks to ensure full respect for  human dignity and the right to asylum of applicants for  asylum and their accompanying family members and to  promote the application of Articles 1, 7, 11, 14, 15, 16, 
18, 21, 24, 34 and 35 of that Charter, and should  therefore be implemented accordingly.

(34) With regard to social assistance and health care, the modalities and detail of the provision of core benefits to beneficiaries of subsidiary protection status should be determined by national law. The possibility of limiting the benefits for beneficiaries of subsidiary protection status to core benefits is to be understood in the sense that this notion covers at least minimum income support, assistance in case of illness, pregnancy and parental assistance, in so far as they are granted to nationals according to the legislation of the Member State concerned.

(35) Access to health care, including both physical and mental health care, should be ensured to beneficiaries of refugee or subsidiary protection status.

Article 2: Definitions
For the purposes of this Directive the following definitions shall apply:
(a) ‘international protection’ means refugee status and subsidiary protection status as defined in points (e) and (g);
(d) ‘refugee’ means a third-country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Article 12 does not apply; [...]
(e) ‘refugee status’ means the recognition by a Member State of a third-country national or a stateless person as a refugee;
(f) ‘person eligible for subsidiary protection’ means a third-country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;
(g) ‘subsidiary protection status’ means the recognition by a Member State of a third-country national or a stateless person as a person eligible for subsidiary protection; [...]

Article 13: Granting of refugee status
Member States shall grant refugee status to a third-country national or a stateless person who qualifies as a refugee in accordance with Chapters II and III.‘

Article 18: Granting of subsidiary protection status
Member States shall grant subsidiary protection status to a third-country national or a stateless person eligible for subsidiary protection in accordance with Chapters II and V.‘

Article 21: Protection from refoulement

1.   Member States shall respect the principle of non-refoulement in accordance with their international obligations.

2.   Where not prohibited by the international obligations mentioned in paragraph 1, Member States may refoule a refugee, whether formally recognised or not, when:

(a) there are reasonable grounds for considering him or her as a danger to the security of the Member State in which he or she is present; or

(b) he or she, having been convicted by a final judgement of a particularly serious crime, constitutes a danger to the community of that Member State.

3.   Member States may revoke, end or refuse to renew or to grant the residence permit of (or to) a refugee to whom paragraph 2 applies.

Article 22: Information

Member States shall provide persons recognised as being in need of international protection, as soon as possible after the respective protection status has been granted, with access to information, in a language likely to be understood by them, on the rights and obligations relating to that status.

Article 23: Maintaining family unity

Article 29: Health care

Preamble 
(16) This Directive enhances compliance with fundamental rights and is fully in line with the principles recognised by the Charter of Fundamental Rights of the European Union (12), in particular Article 11 thereof. In this regard, this Directive should not in any way prevent Member States from applying their constitutional rules relating to freedom of the press and freedom of expression in the media.

(48) Television broadcasting rights for events of high interest to the public may be acquired by broadcasters on an exclusive basis. However, it is essential to promote pluralism through the diversity of news production and programming across the Union and to respect the principles recognised by Article 11 of the Charter of Fundamental Rights of the European Union.

(60) Measures taken to protect the physical, mental and moral development of minors and human dignity should be carefully balanced with the fundamental right to freedom of expression as laid down in the Charter on Fundamental Rights of the European Union. The aim of those measures, such as the use of personal identification numbers (PIN codes), filtering systems or labelling, should thus be to ensure an adequate level of protection of the physical, mental and moral development of minors and human dignity, especially with regard to on-demand audiovisual media services. The Recommendation on the protection of minors and human dignity and on the right of reply already recognised the importance of filtering systems and labelling and included a number of possible measures for the benefit of minors, such as systematically supplying users with an effective, updatable and easy-to-use filtering system when they subscribe to an access provider or equipping the access to services specifically intended for children with automatic filtering systems.

(24) Where an institution does not present an adequate recovery plan, competent authorities should be empowered to require that institution to take measures necessary to redress the material deficiencies of the plan. That requirement may affect the freedom to conduct a business as guaranteed by Article 16 of the Charter. The limitation of that fundamental right is however necessary to meet the objectives of financial stability. More specifically, such a limitation is necessary in order to strengthen the business of institutions and avoid institutions growing excessively or taking excessive risks without being able to tackle setbacks and losses and to restore their capital base. The limitation is proportionate because it permits preventative action to the extent that it is necessary to address the deficiencies and therefore complies with Article 52 of the Charter.

[...]

(49) The limitations on the rights of shareholders and creditors should be in accordance with Article 52 of the Charter. The resolution tools should therefore be applied only to those institutions that are failing or likely to fail, and only when it is necessary to pursue the objective of financial stability in the general interest. In particular, resolution tools should be applied where the institution cannot be wound up under normal insolvency proceedings without destabilising the financial system and the measures are necessary in order to ensure the rapid transfer and continuation of systemically important functions and where there is no reasonable prospect for any alternative private solution, including any increase of capital by the existing shareholders or by any third party sufficient to restore the full viability of the institution. In addition, when applying resolutions tools and exercising resolution powers, the principle of proportionality and the particularities of the legal form of an institution should be taken into account.

[...]

(88) In accordance with Article 47 of the Charter, the parties concerned have a right to due process and to an effective remedy against the measures affecting them. Therefore, the decisions taken by the resolution authorities should be subject to a right of appeal.

Article 1

Purpose

This Directive aims to achieve a more balanced representation of women and men among the directors of listed companies by establishing effective measures that aim to accelerate progress towards gender balance, while allowing listed companies sufficient time to make the necessary arrangements for that purpose.

on combating late payment in commercial transactions Text with EEA relevance The aim of this Directive is stated to be ‘to combat late payment in commercial transactions, in order to ensure the proper functioning of the internal market, thereby fostering the competitiveness of undertakings and in particular of SMEs.’ In its recitals it mentions that in ‘the context of enhanced efforts to prevent the abuse of freedom of contract to the detriment of creditors, organisations officially recognised as representing undertakings and organisations with a legitimate interest in representing undertakings should be able to take action before national courts or administrative bodies in order to prevent the continued use of contract terms or practices which are grossly unfair to the creditor.’ (recital 29)

Preamble:
‘(2) The freedom to provide services includes the right of undertakings to provide services in another Member State, to which they may post their own workers temporarily in order to provide those services there. It is necessary for the purpose of the posting of workers to distinguish this freedom from the free movement of workers, which gives every citizen the right to move freely to another Member State to work and reside there for that purpose and protects them against discrimination as regards employment, remuneration and other conditions of work and employment in comparison to nationals of that Member State.‘