On Monday 8 June the European Commission published, a handbook entitled ‘From Theory to Practice: Applying the Charter of Fundamental Rights of the European Union’, which accompanies a new online course on the application of the EU Charter of Fundamental Rights.
Aimed primarily at officials, legislative drafters, public decision-makers and legal practitioners, the handbook is intended to help public authorities integrate fundamental rights into the drafting and implementation of policies falling within the scope of Union law and should thus “bridge the gap between theory and practice”.
It therefore provides a detailed analysis of the first 50 articles of the Charter, accompanied by case-law references drawn in particular from the Court of Justice of the European Union (CJEU) and, where relevant, from the European Court of Human Rights.
The document also notes the general principles governing the application of the Charter, notably the conditions under which Member States are required to comply with it when implementing European law and, moreover, the case law of the CJEU relating to the scope of the Charter and the links between the latter, the European Convention on Human Rights and the constitutional traditions of the Member States.
The handbook also looks again at the conditions for applying the Charter and the principles governing its interpretation. It notes in particular that Member States are bound by it only when they are implementing Union law.
Beyond this legal dimension, the Commission highlights the importance of including fundamental rights throughout the entire process of drawing up public policies. A section of the handbook is therefore devoted to assessing the impact of legislative or administrative measures on fundamental rights.
Inspired by the Commission’s Better Regulation toolbox, this methodology should help public authorities identify, from the moment a measure is designed, potential risks to rights such as freedom of expression, non-discrimination, data protection or access to justice.
The handbook: https://aeur.eu/f/ma6 (Original version in French by Nithya Paquiry)