The Charter’s untapped potential, nationally

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