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Publication date: 21 June 2019

FRR2019 - Charter infographic (119.76 KB)

Charter in use by national courts

  • The Charter is referred to as a legal source by national courts -- but often only superficially
  • National courts most refer to the Charter in the areas of migration, data protection and criminal law
  • The Charter rights to an effective remedy and to a fair trial are most frequently used in cases analysed by FRA

Charter rarely used by legislators

  • National legislation implementing EU law has to conform with the Charter. However, they rarely refer to the Charter
  • National rules do not explicitly remind the legislator of the obligations under the Charter when assessing the impact or the legality of draft legislation
  • When used, the Charter’s role is most often acknowledged when drafting national data protection laws

Promoting the Charter

  • Member States are obliged to respect the Charter’s provisions and actively promote their application
  • However, many are still unaware of the Charter. 8 in 10 NGOs addressed by FRA say that civil society is not sufficiently aware of the Charter’s potential
  • There are hardly any national initiatives and policies promoting awareness and implementation of the Charter