DRAFT CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION
fundamental.rights@consilium.eu.int
Brussels, 20 September 2000 (22.09)(OR. fr)
CHARTE 4471/00
CONVENT 48

NOTE FROM THE PRAESIDIUM
Subject :Draft Charter of Fundamental Rights of the European Union– Text of the explanations relating to the complete text of the Charter as set out
in CHARTE 4470/00 CONVENT 47 + COR 1

These explanations have been prepared at the instigation of the Praesidium. They have no legal
value and are simply intended to clarify the provisions of the Charter in the light of the discussions
conducted by the Convention.
PREAMBLE
The peoples of Europe, in developing an ever closer union between them, are resolved to share apeaceful future based on common values.
Taking inspiration from its cultural, humanist and religious heritage, the Union is founded on theindivisible, universal principles of human dignity, freedom, equality and solidarity; it is based on
the principles of democracy and the rule of law. It places the individual at the heart of its activities,
establishing the citizenship of the Union and creating an area of freedom, security and justice.

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The Union contributes to the development of these common values while respecting the diversity of
the cultures and traditions of the peoples of Europe as well as the national identities of the Member
States and the organisation of their public authorities at national, regional and local levels; it aims topromote balanced and sustainable development and ensures the free movement of persons, goods,
capital and services, and the freedom of establishment.
In adopting this Charter, the Union intends to enhance the protection of fundamental rights in thelight of changes in society, social progress and scientific and technological developments bymaking those rights more visible.
This Charter reaffirms, with due regard for the powers and tasks of the Community and the Unionand the principle of subsidiarity, the rights as they result, in particular, from the constitutional
traditions common to the Member States, the Treaty on European Union, the Community Treaties,
the European Convention for the Protection of Human Rights and Fundamental Freedoms, theSocial Charters adopted by the Community and by the Council of Europe and the case law of the
Court of Justice of the European Communities and of the European Court of Human Rights.
Enjoyment of these rights entails responsibilities and duties with regard to other persons, to thehuman community and to future generations.
The European Union therefore recognises the rights and freedoms set out hereafter.

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CHAPTER I.

DIGNITY

Article 1. Human dignity
Human dignity is inviolable. It must be respected and protected.
Explanation
The dignity of the human person is not only a fundamental right in itself but constitutes the realbasis of fundamental rights. For that reason the 1948 Universal Declaration of Human Rights
enshrined this principle in its preamble as follows: "Whereas recognition of the inherent dignity
and of the equal and inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world."
Consequently, Article 1 produces the following effects, inter alia:
1.

None of the rights laid down in this Charter may be used to harm the dignity of anotherperson.

2.

The dignity of the human person is part of the actual substance of the rights laid down in thisCharter and must therefore be respected, even where a right is restricted.

Article 2. Right to life
1.

Everyone has the right to life.

2.

No one shall be condemned to the death penalty, or executed.

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Explanation
1.

The content of paragraph 1 corresponds to the first sentence of Article 2(1) of theEuropean Convention on Human Rights, which reads as follows:"1. Everyone's right to life shall be protected by law…"
The second sentence of the provision, which referred to the death penalty, was superseded by
the entry into force of Article 1 of Protocol No 6 to the European Convention on Human
Rights, which reads as follows:"The death penalty shall be abolished. No-one shall be condemned to such penalty or
executed.
" Article 2(2) of the Charter is based on that provision.

2.

Under Article 51 of the Charter, the right to life is clearly defined and the "negative"
definitions appearing in the Convention must be regarded as also forming part of the Charterpursuant to Article 51(3). This right is defined as follows in the Convention:(a)Article 2(2) of the European Convention on Human Rights:"Deprivation of life shall not be regarded as inflicted in contravention of this article
when it results from the use of force which is no more than absolutely necessary:(a)in defence of any person from unlawful violence;(b)

in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained;(c)(b)

in action lawfully taken for the purpose of quelling a riot or insurrection."

Article 2 of Protocol No 6 to the European Convention on Human Rights:"A State may make provision in its law for the death penalty in respect of acts
committed in time of war or of imminent threat of war; such penalty shall be applied
only in the instances laid down in the law and in accordance with its provisions…"

The provisions of this Article correspond to those of the Articles of the European Convention on
Human Rights quoted above in accordance with Article 51(3) of the Charter. They therefore havethe same meaning and scope as the latter.

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Article 3. Right to the integrity of the person
1.

Everyone has the right to respect for his physical and mental integrity.

2.

In the fields of medicine and biology, the following principles must be respected in particular:−

the free and informed consent of the person concerned, according to the procedures
laid down by law,–

the prohibition of eugenic practices, in particular those aiming at the selection of
persons,–

the prohibition on making the human body and its parts as such a source of financial
gain,

–

the prohibition of the reproductive cloning of human beings.

Explanation
The principles of this Article are already included in the Convention on Human Rights andBiomedicine. The Charter does not set out to depart from those principles. The fact that only
reproductive cloning is prohibited does not prevent the legislature from prohibiting other forms ofcloning. It neither authorises nor prohibits other forms of cloning. The reference to eugenic
practices, in particular those aiming at the selection of persons, relates to possible situations inwhich selection programmes are organised and implemented, involving campaigns for sterilisation,
forced pregnancy, compulsory ethnic marriage among others, all acts deemed to be international
crimes in the Statute of the International Criminal Court signed in Rome.

Article 4. Prohibition of torture and inhuman or degrading treatment and punishment
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

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Explanation
The right in Article 4 is the right guaranteed by Article 3 of the European Convention on
Human Rights, which has the same wording. In accordance with Article 51(3), its meaning andscope are therefore the same as those of that Article, which reads as follows: "No one shall be
subjected to torture or to inhuman or degrading treatment or punishment".

Article 5. Prohibition of slavery and forced labour1.

No one shall be held in slavery or servitude.

2.

No one shall be required to perform forced or compulsory labour.

3.

Trafficking in human beings is prohibited.

Explanation
The right in Article 5(1) and (2) is the right corresponding to Article 4(1) and (2) of the European
Convention on Human Rights, which has the same wording.
In accordance with Article 51(3) of the Charter, its meaning and scope are therefore the same as
those of Article 4 of the Convention. Consequently:
1.

paragraph 1 may not be limited at all;2.

in paragraph 2, "forced or compulsory labour" must be understood in the light of the"negative" definitions contained in Article 4(3) of the European Convention on Human
Rights. That provision reads as follows:"For the purpose of this article the term "forced or compulsory labour" shall not include:(a)any work required to be done in the ordinary course of detention imposed according to
the provisions of Article 5 of this Convention or during conditional release from suchdetention;(b)

any service of a military character or, in case of conscientious objectors in countries
where they are recognised, service exacted instead of compulsory military service;

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(c)

any service exacted in case of an emergency or calamity threatening the life or
well-being of the community;(d)

any work or service which forms part of normal civic obligations."

Paragraph 3 stems directly from the principle of human dignity and takes account of recent
developments in organised crime, such as the organisation of lucrative illegal immigration orsexual exploitation networks. The annex to the Europol Convention contains the following
definition which refers to trafficking for the purpose of sexual exploitation: "traffic in humanbeings: means subjection of a person to the real and illegal sway of other persons by using violenceor menaces or by abuse of authority or intrigue with a view to the exploitation of prostitution, forms
of sexual exploitation and assault of minors or trade in abandoned children". Chapter VI of the
Schengen Convention, which has been integrated into the "acquis communautaire", in which theUnited Kingdom participates and Ireland has requested to participate, contains the following
wording in Article 27(1) which refers to illegal immigration networks: " The Contracting Parties
undertake to impose appropriate penalties on any person who, for financial gain, assists or tries toassist an alien to enter or reside within the territory of one of the Contracting Parties in breach ofthat Contracting Party's laws on the entry and residence of aliens."

CHAPTER II. FREEDOMS
Article 6. Right to liberty and security
Everyone has the right to liberty and security of person.
Explanation
The rights in Article 6 are the rights guaranteed by Article 5 of the European Convention on
Human Rights.

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In accordance with Article 51(3) of the Charter, the meaning and scope of these rights are the sameas those of Article 5. Consequently, limitations may not exceed those permitted by the European
Convention for the Protection of Human Rights and Fundamental Freedoms. Therefore, the only
limitations which are permissible are those in the context of Article 5 of the European Convention
on Human Rights, which reads:"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 acourt 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 todeportation or extradition.

2.

Everyone who is arrested shall be informed promptly, in a language which he understands, of thereasons 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.

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4.

Everyone who is deprived of his liberty by arrest or detention shall be entitled to takeproceedings 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 thisarticle shall have an enforceable right to compensation."

Since the Charter is to apply within the context of the Union, the rights enshrined in Article 6 must
be respected particularly when, in accordance with Title VI of the Treaty on European Union, theUnion is adopting framework decisions for harmonisation in criminal matters.

Article 7. Respect for private and family life
Everyone has the right to respect for his private and family life, his home and [...] his
communications.
Explanation
The rights guaranteed in Article 7 correspond to those guaranteed by Article 8 of the European
Convention on Human Rights. To take account of developments in technology the word
"correspondence" has been replaced by "communications".
In accordance with Article 51(3), the meaning and scope of this right are the same as those of thecorresponding article of the Convention. Consequently, the limitations to this right which arepermissible are those which result from the Convention. Article 8 of the Convention reads asfollows:"1.

Everyone has the right to respect for his private and family life, his home and hiscorrespondence.

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2.

There shall be no interference by a public authority with the exercise of this right except suchas is in accordance with the law and is necessary in a democratic society in the interests ofnational security, public safety or the economic well-being of the country, for the preventionof disorder or crime, for the protection of health or morals, or for the protection of the rights
and freedoms of others."

Article 8. Protection of personal data
1.

Everyone has the right to the protection of personal data concerning him.

2.

Such data must be processed fairly for specified purposes on the basis of the consent of theperson concerned or some other legitimate basis laid down by law. Everyone has the right ofaccess to data which has been collected concerning him, and the right to have it rectified.

3.

Compliance with these rules shall be subject to control by an independent authority.

Explanation
This Article is based on Article 286 of the Treaty establishing the European Community andDirective 95/46/EC of the European Parliament and of the Council on the protection of individuals
with regard to the processing of personal data and on the free movement of such data (OJ L 281,
23.11.1995) as well as on Article 8 of the ECHR and on the Council of Europe Convention of
28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal
Data which has been ratified by all the Member States. The right to protection of personal data
may be limited under the conditions set out in Article 51 of the Charter.

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Article 9. Right to marry and right to found a family
The right to marry and the right to found a family shall be guaranteed in accordance with thenational laws governing the exercise of these rights.
Explanation
This Article is based on Article 12 of the European Convention on Human Rights, which reads asfollows: "Men and women of marriageable age have the right to marry and to found a family
according to the national laws governing the exercising of this right." To take account of changes
in society, the wording has been altered to cover cases in which national legislation recognises
arrangements other than marriage for founding a family. This Article neither prohibits nor imposes
the granting of the status of marriage to unions between people of the same sex.

Article 10. Freedom of thought, conscience and religion
1.

Everyone has the right to freedom of thought, conscience and religion. This right includes
freedom to change religion or belief and freedom, either alone or in community with others
and in public or in private, to manifest religion or belief, in worship, teaching, practice andobservance.

2.

The right to conscientious objection is recognised, in accordance with the national laws
regulating its implementation.

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Explanation
The right guaranteed in paragraph 1 corresponds to the right guaranteed in Article 9 of the ECHR
and, in accordance with Article 51(3) of the Charter, has the same meaning and scope. Limitations
must therefore respect Article 9(2) of the Convention which reads as follows: "Freedom to manifest
one's religion or beliefs shall be subject only to such limitations as are prescribed by law and arenecessary in a democratic society in the interests of public safety, for the protection of public order,
health or morals, or for the protection of the rights and freedoms of others."
The right guaranteed in paragraph 2 corresponds to national constitutional traditions and to thedevelopment of national legislation on this issue.

Article 11. Freedom of expression and information
1.

Everyone has the right to freedom of expression. This right shall include freedom to holdopinions and to receive and impart information and ideas without interference by publicauthority and regardless of frontiers.

2.

Freedom of the media and of its pluralism shall be guaranteed.

Explanation
This Article corresponds to Article 10 of the European Convention on Human Rights, which reads
as follows:"1. Everyone has the right to freedom of expression. This right shall include freedom to holdopinions and to receive and impart information and ideas without interference by publicauthority and regardless of frontiers. This article shall not prevent States from requiring thelicensing of broadcasting, television or cinema enterprises.

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2.

The exercise of these freedoms, since it carries with it duties and responsibilities, may besubject to such formalities, conditions, restrictions or penalties as are prescribed by law andare necessary in a democratic society, in the interests of national security, territorial integrityor public safety, for the prevention of disorder or crime, for the protection of health or morals,
for the protection of the reputation or rights of others, for preventing the disclosure of
information received in confidence, or for maintaining the authority and impartiality of the
judiciary."

Pursuant to Article 51(3) of the Charter, the meaning and scope of this right are the same as thoseguaranteed by the Convention and limitations may not exceed those provided for in Article 10(2) of
the Convention, without prejudice to any restrictions which Community law may impose on
Member States' right to introduce the licensing arrangements referred to in the third sentence ofArticle 10(1) of the ECHR..
Paragraph 2 of this Article spells out the consequences of paragraph 1 regarding freedom of thepress. It is based in particular on Court of Justice case law regarding television, particularly incase C-288/89 (judgment of 25 July 1991, Stichting Collectieve Antennevoorziening Gouda andothers [1991] ECR I-4007). According to the Court of Justice, the pluralism requirement
authorises inter alia the competent authorities to take the measures needed to guarantee diversity ofsources of information.

Article 12. Freedom of assembly and of association
1.

Everyone has the right to freedom of peaceful assembly and to freedom of association at alllevels, in particular in political, trade union and civic matters. In particular, everyone has
the right to form and to join trade unions for the protection of his interests.

2.

Political parties at European level contribute to expressing the political will of the citizens of
the Union.

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Explanation
Paragraph 1 of this Article corresponds to Article 11 of the European Convention on Human Rights
which reads as follows:"1. Everyone has the right to freedom of peaceful assembly and to freedom of association withothers, including the right to form and to join trade unions for the protection of his interests.
2.

No restrictions shall be placed on the exercise of these rights other than such as are prescribedby law and are necessary in a democratic society in the interests of national security or public
safety, for the prevention of disorder or crime, for the protection of health or morals or for theprotection of the rights and freedoms of others. This article shall not prevent the imposition of
lawful restrictions on the exercise of these rights by members of the armed forces, of the police
or of the administration of the State.".

The meaning and scope of the provisions of paragraph 1 are the same as those of the European
Convention on Human Rights, with the exception of their area of application since they apply at alllevels including European level. In accordance with Article 51(3) of the Charter, limitations onthat right may not exceed those provided for in Article 11(2) of the ECHR.. This right is also basedon Article 11 of the Community Charter of the Fundamental Social Rights of Workers.
Paragraph 2 of this Article corresponds to Article 191 of the Treaty establishing the European
Community.

Article 13. Freedom of the arts and sciences
The arts and scientific research shall be free of constraint. Academic freedom shall be
respected.

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Explanation
This right is deduced primarily from the right to freedom of thought and expression. It is to be
exercised within the framework of Article 1 and subject to the limitation clause in Article 51. It is
subject to respect for the dignity of the person and all the fundamental rights, must be exercisedhaving regard to Article 1 and may be restricted in order to guarantee respect for those rights.
Article 14. Right to education
1.

Everyone has the right to education and to have access to vocational and continuing training.

2.

This right includes the right to receive free compulsory education.

3.

The freedom to found educational establishments with due respect for democratic principles
and the right of parents to ensure the education and teaching of their children in conformity
with their religious, philosophical and pedagogical convictions shall be respected, in
accordance with the national laws governing the exercise of such freedom and right.

Explanation
This Article is based on the common constitutional traditions of Member States and on Article 2 of
the Protocol to the European Convention on Human Rights, which reads as follows:"No person shall be denied the right to education. In the exercise of any functions which it assumes
in relation to education and to teaching, the State shall respect the right of parents to ensure sucheducation and teaching in conformity with their own religious and philosophical convictions."

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It was considered useful to extend this right to vocational and continuing training and to add theprinciple of free compulsory education. As it is worded, the latter principle merely implies that asregards compulsory education, each child has the possibility of attending an establishment which
offers free education. It does not require all establishments which provide education, in particularprivate ones, to be free of charge. Insofar as the Charter applies to the Union, this means that in its
training policies the Union must respect free compulsory education, but this does not, of course,
create new powers. Regarding the right of parents, it must be interpreted in conjunction with theprovisions of Article 24.
Freedom to found public or private educational establishments is guaranteed as one of the aspectsof freedom to conduct a business but it is limited by respect for democratic principles and is
exercised in accordance with the arrangements defined by national legislation.

Article 15. Freedom to choose an occupation
1.

Everyone has the right to work for his living and to engage in a freely chosen or accepted
occupation.

2.

Every citizen of the Union has the freedom to seek employment, to work, to exercise the rightof establishment and to provide services in any Member State.

3.

Nationals of third countries who are authorised to work in the territories of the Member
States are entitled to working conditions equivalent to those of citizens of the Union.

Explanation
Freedom to choose an occupation, as enshrined in paragraph 1, is recognised in Court of Justicecase law (see inter alia judgment of 14 May 1974, Case 4/73 Nold [1974] ECR 491, paragraphs 12
to 14 of the grounds; judgment of 13 December 1979, Case 44/79 Hauer [1979] ECR 3727;
judgment of 8 October 1986, Case 234/85 Keller [1986] ECR 2897, paragraph 8 of the grounds).

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This paragraph also draws upon Article 1(2) of the European Social Charter which was signed on
18 October 1961 and has been ratified by all the Member States, and on point 4 of the Community
Charter of the Fundamental Social Rights of Workers of 9 December 1989.
The second paragraph deals with the three freedoms guaranteed by Articles 39, 43 and 49 et seq of
the EC Treaty, namely freedom of movement for workers, freedom of establishment and freedom toprovide services.
The third paragraph is based on TEC Article 137(3), fourth indent, and on Article 19(4) of theEuropean Social Charter signed on 18 October 1961 and ratified by all the Member States. The
question of recruitment of seamen having the nationality of third States for the crews of vessels
flying the flag of a Member State of the Union is governed by Community law and national
legislation and practice.

Article 16. Freedom to conduct a business
The freedom to conduct a business is recognised.
Explanation
This Article is based on Court of Justice case law which has recognised freedom to exercise an
economic or commercial activity (see judgments of 14 May 1974, Case 4/73 Nold [1974] ECR 491,
paragraph 14 of the grounds, and of 27 September 1979, Case 230-78 SPA Eridiana and others[1979] ECR 2749, paragraphs 20 and 31 of the grounds) and freedom of contract (see inter alia
Sukkerfabriken Nykøbing judgment, Case 151/78 [1979] ECR 1, paragraph 19 of the grounds, andjudgment of 5 October 1999, C-240/97 Spain v. Commission [not yet published], paragraph 99 of
the grounds) and TEC Article 4(1) and (2) which recognises free competition. Of course, this rightis to be exercised with respect for Community law and national legislation. It may be subject to thelimitations provided for in Article 51(1) of the Charter.

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Article 17. Right to property
1.

Everyone has the right to own, use, dispose of and bequeath his lawfully acquired
possessions. No one may be deprived of his possessions, except in the public interest and in
the cases and under the conditions provided for by law, subject to fair compensation being
paid within a reasonable time for their loss. The use of property may be regulated insofar
as is necessary for the general interest.

2.

Intellectual property shall be protected.

Explanation
This Article is based on Article 1 of the Protocol to the European Convention on Human Rights:"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shallbe deprived of his possessions except in the public interest and subject to the conditions provided
for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce suchlaws as it deems necessary to control the use of property in accordance with the general interest or
to secure the payment of taxes or other contributions or penalties."
This is a fundamental right common to all national constitutions. It has been recognised on
numerous occasions by the case law of the Court of Justice, initially in the Hauer judgment(13 December 1979, ECR [1979] 3727). The wording has been updated but, in accordance with
Article 51(3), the meaning and scope of the right are the same as those of the right guaranteed by
the Convention and the limitations may not exceed those provided for in the Convention.
Protection of intellectual property, one aspect of the right of property, is explicitly mentioned inparagraph 2 because of its growing importance and Community secondary legislation. Intellectual
property covers not only literary and artistic property but also patent and trademark rights andassociated rights.

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Article 18. Right to asylum
The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of
28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and inaccordance with the Treaty establishing the European Community.

Explanation
The text of the Article is based on TEC Article 63 which requires the Union to respect the
Geneva Convention on refugees. The provisions of Article 1 of Protocol No 7 to theEuropean Convention on Human Rights concerning procedural safeguards in the event of expulsion
have not been incorporated, as most Member States have not signed or ratified that Protocol.
Reference should be made to the Protocols relating to the United Kingdom and Ireland annexed to
the Treaty of Amsterdam and to Denmark to determine the extent to which those Member States
implement Community law in this area and are, in accordance with Article 50(1), bound by thepresent Article This Article is in line with the Protocol on Asylum annexed to the Treaty of
Amsterdam.

Article 19. Protection in the event of removal, expulsion or extradition1.

Collective expulsions are prohibited.

2.

No one may be removed, expelled or extradited to a State where there is a serious risk that
he may be subjected to the death penalty, torture or other inhuman or degrading treatment.

Explanation
Paragraph 1 of this Article has the same meaning and scope as Article 4 of Protocol No 4 to theEuropean Convention on Human Rights concerning collective expulsion. Its purpose is toguarantee that every decision is based on a specific examination and that no single measure can betaken to expel all persons who are nationals of a particular State.

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Paragraph 2 incorporates case law from the European Court of Human Rights regarding Article 3of the European Convention on Human Rights (see Ahmed v. Austria, judgment of
17 December 1996, [1996] ECR VI.2206 and Soering, judgment of 7 July 1989).
CHAPTER III. EQUALITY
Article 20. Equality before the law
Everyone is equal before the law.
Explanation
This Article corresponds to a principle which has been included in all European constitutions sincethe 1789 Declaration of Human and Civil Rights and has also been recognised by the Court ofJustice as a basic principle of Community law (judgment of 13 November 1984, Case 283/83 Racke[1984] ECR 3791, judgment of 17 April 1997, Case 15/95 EARL [1997] ECR I–1961, and judgmentof 13 April 2000, Case 292/97 Karlsson, not yet published).

Article 21. Non-discrimination
1.

Any discrimination based on any ground such as sex, race, colour, ethnic or social origin,genetic features, language, religion or belief, political or any other opinion, membership of anational minority, property, birth, disability, age or sexual orientation shall be prohibited.

2.

Within the scope of application of the Treaty establishing the European Community and of
the Treaty on European Union, and without prejudice to the special provisions of those
Treaties, any discrimination on grounds of nationality shall be prohibited.

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Explanation
Paragraph 1 draws on Article 13 of the EC Treaty, Article 14 of the European Convention on
Human Rights and Article 11 of the Convention on Human Rights and Biomedicine as regards
genetic heritage.
Paragraph 2 corresponds to Article 12 of the EC Treaty and must be applied in compliance with
the Treaty.

Article 22. Cultural, religious and linguistic diversity
The Union shall respect cultural, religious and linguistic diversity.

Explanation
This Article is based on Article 6 of the Treaty on European Union and on Article 151(1) and (4) of
the TEC concerning culture. It is also inspired by declaration No 11 to the Final Act of the
Amsterdam Treaty on the status of churches and non-confessional organisations.

Article 23. Equality between men and women
Equality between men and women must be ensured in all areas, including employment, work,and pay.
The principle of equality shall not prevent the maintenance or adoption of measures in favour of
the under-represented sex.

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Explanation
The first paragraph is based on Article 141 of the EC Treaty and draws on Article 20 of the revised
European Social Charter of 3 May 1996 and on point 16 of the Community Charter on the rights ofworkers.
It is also based on Article 141(4) of the EC Treaty and Article 2(4) of Council
Directive 76/207/EEC on the implementation of the principle of equal treatment for men andwomen as regards access to employment, vocational training and promotion, and working
conditions.
Paragraph 2 takes over in shorter form Article 141(4) of the EC Treaty which provides that the
principle of equal treatment does not prevent the maintenance or adoption of measures providing
for specific advantages in order to make it easier for the under-represented sex to pursue a
vocational activity or to prevent or compensate for disadvantages in professional careers. In
accordance with Article 51(2), the present paragraph does not amend Article 141(4) EC.

Article 24. The rights of the child
1.

Children shall have the right to such protection and care as is necessary for their well-being.
They may express their views freely. Such views shall be taken into consideration on matterswhich concern them in accordance with their age and maturity.

2.

In all actions relating to children, whether taken by public authorities or private institutions,the child's best interests must be a primary consideration.

3.

Every child shall have the right to maintain a personal relationship and direct contact
with both his parents, unless that is contrary to his interests.

Explanation
This Article is based on the New York Convention on the Rights of the Child signed on
20 November 1989 and ratified by all the Member States, particularly Articles 3, 12 and 13 thereof.

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Article 25. Integration of persons with disabilities
The Union recognises and respects the right of persons with disabilities to benefit from measuresdesigned to ensure their independence, social and occupational integration and participation in thelife of the community.

Explanation
The principle set out in this Article is based on Article 15 of the European Social Charter and also
draws on Article 15 of the revised Social Charter and point 24 of the Community Charter on therights of workers.

CHAPTER IV. SOLIDARITY
Article 26. Workers' right to information and consultation within the undertaking
Workers or their representatives must at all levels be guaranteed information and consultation ingood time on matters which concern them within the undertaking, in the cases and under theconditions provided for by Community law and national laws and practices.

Explanation
This Article appears in the revised European Social Charter (Article 21) and the Community
Charter on the rights of workers (points 17 and 18). There is a considerable Community acquis in
this field: Directives 98/59/EC (collective redundancies), 77/187/EC (transfers of undertakings)
and 94/45/EC (European works councils). The phrase "at all levels" includes the European level.

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Article 27. Right of collective bargaining and action
Workers and employers, or their respective organisations, have, at all levels, the right tonegotiate and conclude collective agreements and, in cases of conflicts of interest, to take collective
action to defend their interests, including strike action, in accordance with Community law andnational laws and practices.

Explanation
This Article is based on Article 1 of the European Social Charter and on the Community Charter of
the Fundamental Social Rights of Workers (points 12 to 14). The right of collective action wasrecognised by the European Court of Human Rights as one of the elements of trade union rights
laid down by Article 11 of the European Convention on Human Rights. The phrase "at all levels"
includes the European level.

Article 28. Right of access to placement services
Everyone has the right of access to a free placement service.
Explanation
This Article is based on Article 1(3) of the European Social Charter and point 13 of the Community
Charter of the Fundamental Social Rights of Workers.

Article 29. Protection in the event of unjustified dismissal
Every worker has the right to protection against unjustified dismissal.

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Explanation
This Article draws on Article 24 of the revised Social Charter.

Article 30. Fair and just working conditions
1.

Every worker has the right to working conditions which respect his health, safety and dignity.

2.

Every worker has the right to limitation of maximum working hours, to daily and weekly rest
periods and to an annual period of paid leave.

Explanation
This Article is based on Directive 89/391/EEC on the introduction of measures to encourage
improvements in the safety and health of workers at work, Article 3 of the Social Charter andpoint 19 of the Community Charter on the rights of workers. The right to dignity at work in
particular is proclaimed in Article 26 of the revised Social Charter.
Paragraph 2 is based on Directive 93/104/EC concerning certain aspects of the organisation ofworking time, Article 2 of the European Social Charter and point 8 of the Community Charter on
the rights of workers.

Article 31. Prohibition of child labour and protection of young people at work
The employment of children is prohibited. The minimum age of admission to employment may not
be lower than the minimum school-leaving age without prejudice to such rules as may be morefavourable to young people and except for limited derogations.

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Young people admitted to work must have working conditions appropriate to their age and beprotected against economic exploitation and any work likely to harm their safety, health or physical,
mental, moral or social development or to interfere with their education.

Explanation
This Article is based on Directive 94/33/EC on the protection of young people at work, Article 7 of
the European Social Charter and points 20 to 23 of the Community Charter of the Fundamental
Social Rights of Workers.

Article 32. Family and professional life
1.

The family shall enjoy legal, economic and social protection.

2.

To reconcile their family and professional lives, everyone shall have the right to protection
from dismissal for a reason connected with pregnancy and the right to paid maternity leaveand to parental leave following the birth or adoption of a child.

Explanation
The first paragraph is based on Article 16 of the European Social Charter.
The second paragraph draws on Council Directive 92/85/EEC of 19 October 1992 on the
introduction of measures to encourage improvements in the safety and health at work of pregnant
workers and workers who have recently given birth or are breastfeeding and Directive 96/34/EC on
the framework agreement on parental leave concluded by UNICE, CEEP and the ETUC. It is also
based on Article 8 (protection of maternity) of the European Social Charter and draws on
Article 27 (right of workers with family responsibilities to equal opportunities and equal treatment)of the revised Social Charter.

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Article 33. Social security and social assistance1.

The Union recognises and respects the entitlement to social security benefits and social
services providing protection in events such as pregnancy, illness, industrial accidents,
dependency or old age and in the case of loss of employment, in accordance with the rules
laid down by Community law and national laws and practices.

2.

Every person residing and moving legally within the European Union is entitled to social
security benefits and social advantages in accordance with Community law and nationallaws and practices.

3.

To combat social exclusion and poverty, the Union recognises and respects the right to social
assistance and housing assistance in order to ensure a decent existence for all those who lacksufficient resources, in accordance with the rules laid down by Community law and nationallaws and practices.

Explanation
The principle set out in paragraph 1 is based on Article 12 of the European Social Charter andpoint 10 of the Community Charter on the rights of workers. The Union must respect it when
exercising the powers conferred on it by Article 140 of the Treaty establishing the European
Community. The reference to social services relates to cases in which such services have been
introduced for the management of certain social advantages. Where such services do not exist, thisreference relates to the advantages allocated directly by public bodies.
The second paragraph is based on Article 13(4) of the European Social Charter and point 2 of theCommunity Charter and sets out the rules arising from Regulation No 1408/71.
The third paragraph draws on Articles 30 and 31 of the revised Social Charter and point 10 of theCommunity Charter. The Union must respect it in the context of policies based on Article 137(2) of
the Treaty establishing the European Community, particularly the last paragraph.

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Article 34. Health care
Everyone has the right of access to preventive health care and the right to benefit from medical
treatment under the conditions established by national laws and practices. A high level of humanhealth protection shall be ensured in the determination and implementation of all Community
policies and activities.

Explanation
The principles set out in this Article are based on Article 152 of the EC Treaty and on Article 11 of
the European Social Charter. The second sentence of the Article takes over Article 152(1).

Article 35. Access to services of general economic interest
The Union recognises and respects the access to services of general economic interest as provided
for in national laws and practices in accordance with the provisions of the Treaty establishing theEuropean Community in order to promote the social and territorial cohesion of the Union.

Explanation
This Article fully respects Article 16 of the Treaty establishing the European Community and does
not create any new right. It merely sets out the principle of respect by the Union for the access toservices of general economic interest as provided for by national provisions, when those provisions
are compatible with Community legislation.

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Article 36. Environmental protection
A high level of environmental protection and the improvement of the quality of the environment
shall be integrated into the policies of the Union and ensured in accordance with the principleof sustainable development.

Explanation
The principles set out in this Article are based on Articles 2, 6 and 174 of the EC Treaty.

Article 37. Consumer protection
Union policies shall ensure a high level of consumer protection.

Explanation
The principles set out in this Article are based on Article 153 of the EC Treaty.

CHAPTER V. CITIZENSHIP
Article 38. Right to vote and to stand as a candidate in elections to the European Parliament
1.

Every citizen of the Union has the right to vote and to stand as a candidate in elections to theEuropean Parliament in the Member State in which he resides, under the same conditions as
nationals of that State.

2.

Members of the European Parliament shall be elected by direct universal suffrage by free andsecret ballot.

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Explanation
Paragraph 1 of this Article corresponds to the right guaranteed by Article 19(2) of the EC Treaty.
Paragraph 2 corresponds to Article 190(1) of the EC Treaty. In accordance with Article 51(2) of
the Charter, it applies under the conditions set out in the Treaty. Paragraph 2 of this Article states
the basic principles of the electoral system in a democratic State.

Article 39. Right to vote and to stand as a candidate at municipal elections
Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in
the Member State in which he resides under the same conditions as nationals of that State.

Explanation
This Article corresponds to the right guaranteed by Article 19(1) of the EC Treaty. In accordancewith Article 51(2) of the Charter, it applies under the conditions set out in the Treaty.

Article 40. Right to good administration
1.

Every person has the right to have his affairs handled impartially, fairly, in accordance withthe principle of the neutrality of public policy and within a reasonable time by theinstitutions and bodies of the Union.

2.

This right includes:

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–

the right of every person to be heard before any individual measure which would affecthim adversely is taken in relation to him;–

the right of every person to have access to his file, while respecting the legitimate
interests of confidentiality and of professional and business secrecy;–3.

the obligation of the administration to give reasons for its decisions.

Every person has the right to have the Community make good any damage caused by its
institutions or by its servants in the performance of their duties, in accordance with thegeneral principles common to the laws of the Member States.

4.

Every person may write to the institutions of the Union in one of the official languages ofsuch institutions and must have an answer in the same language.

Explanation
This right is based on the existence of a Community based on the rule of law and was developed in
the case law which enshrined the principle of good administration (see inter alia Court of Justicejudgment of 31 March 1992, Case C-255/90 P, Burban [1992] ECR I-2253, and Court of First
Instance judgments of 18 September 1995, Case T-167/94 Nölle [1995] ECR II-2589, and
9 July 1999, Case T-231/97 New Europe Consulting and others [not yet published]). The wording
for that right in the first two paragraphs results from the case law (Court of Justice judgment of
15 October 1987, Case 222/86 Heylens [1987] ECR 4097, paragraph 15 of the grounds, judgmentof 18 October 1989 in Case 374/87 Orkem [1989] ECR 3283, judgment of 21 November 1991 inCase C-269/90 TU München [1991] ECR I-5469, and Court of First Instance judgments of
6 December 1994 in Case T-450/93 Lisrestal [1994] ECR II-1177, 18 September 1995 inCase T-167/94 Nölle [1995] ECR II-258), and the wording regarding the obligation to give reasonscomes from Article 253 of the EC Treaty.
Paragraph 3 reproduces the right guaranteed by Article 288 of the EC Treaty.
Paragraph 4 reproduces the right guaranteed by the third paragraph of Article 21 of the EC Treaty.
In accordance with Article 51(2) of the Charter, those rights are to be applied under the conditions
and within the limits defined by the Treaties.

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Article 41. Right of access to documents
Any citizen of the Union, and any natural or legal person residing or having its registered office in a
Member State, has a right of access to European Parliament, Council and Commission documents.
Explanation
The right guaranteed in this Article is the right guaranteed by Article 255 of the EC Treaty. In
accordance with Article 51(2) of the Charter, it applies under the conditions defined by the Treaty.

Article 42. Ombudsman
Any citizen of the Union and any natural or legal person residing or having its registered office in a
Member State has the right to refer to the Ombudsman of the Union cases of maladministration by
Community institutions and bodies, with the exception of the Court of Justice and the Court of First
Instance acting in their judicial role.
Explanation
The right guaranteed in this Article is the right guaranteed by Articles 21 and 195 of the EC Treaty.
In accordance with Article 51(2) of the Charter, it applies under the conditions defined by theTreaty.

Article 43. Right to petition
Any citizen of the Union and any natural or legal person residing or having its registered office in a
Member State has the right to petition the European Parliament.

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Explanation
The right guaranteed in this Article is the right guaranteed by Article 21 and 194 of the EC Treaty.
In accordance with Article 51(2) of the Charter, it applies under the conditions defined by theTreaty.

Article 44. Freedom of movement and of residence
1.

Every citizen of the Union has the right to move and reside freely within the territory of theMember States.

2.

Freedom of movement and residence may be granted, in accordance with the Treaty
establishing the European Community, to nationals of third countries legally resident in the
territory of a Member State.

Explanation
The right guaranteed by paragraph 1 is the right guaranteed by Article 18 of the EC Treaty. In
accordance with Article 51(2) of the Charter, it applies under the conditions and within the limits
defined by the Treaty.
Paragraph 2 refers to the power granted to the Community by Article 62(3) and Article 63(4) of the
EC Treaty. Consequently, the granting of this right depends on the institutions exercising thatpower.

Article 45. Diplomatic and consular protection
Every citizen of the Union shall, in the territory of a third country in which the Member State ofwhich he is a national is not represented, be entitled to protection by the diplomatic or consularauthorities of any Member State, on the same conditions as the nationals of that Member State.

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Explanation
The right guaranteed by this Article is the right guaranteed by Article 20 of the EC Treaty. In
accordance with Article 51(2) of the Charter, it applies under the conditions defined by the Treaty.

CHAPTER VI. JUSTICE
Article 46. Right to an effective remedy and to a fair trial
1.

Everyone whose rights and freedoms guaranteed by the law of the Union are violated has
the right to an effective remedy before a court.

2.

Everyone is entitled to a fair and public hearing within a reasonable time by an independentand impartial tribunal previously established by law. Everyone shall have the possibility of
being advised, defended and represented.

3.

Legal aid shall be made available to those who lack sufficient resources insofar as such aid isnecessary to ensure effective access to justice.

Explanation
Paragraph 1 is based on Article 13 of the European Convention on Human Rights:"Everyone whose rights and freedoms as set forth in this Convention are violated shall have aneffective remedy before a national authority notwithstanding that the violation has been committed
by persons acting in an official capacity."

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However, in Community law the protection is more extensive since it guarantees the right to aneffective remedy before a court. The Court of Justice enshrined the principle in its judgment of
15 May 1986 (Case 222/84 Johnston [1986] ECR 1651; see also judgment of 15 October 1987,
Case 222/86 Heylens [1987] ECR 4097 and judgment of 3 December 1992, Case C-97/91 Borelli[1992] ECR I-6313). According to the Court, this principle also applies to the Member States when
they are implementing Community law. The inclusion of this precedent in the Charter is notintended to change the appeal system laid down by the Treaties, and particularly the rules relating
to admissibility. This principle is to be implemented according to the procedures laid down in theTreaties. It applies to the institutions of the Union and of Member States when they are
implementing Union law and does so for all rights guaranteed by Union law.
Paragraph 2 corresponds to Article 6(1) of the European Convention on Human Rights whichreads as follows:"In the determination of his civil rights and obligations or of any criminal charge against him,
everyone is entitled to a fair and public hearing within a reasonable time by an independent andimpartial tribunal established by law. Judgment shall be pronounced publicly but the press andpublic may be excluded from all or part of the trial in the interests of morals, public order or national
security in a democratic society, where the interests of juveniles or the protection of the private life of
the parties so require, or to the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice."
In Community law, the right to a fair hearing is not confined to disputes relating to civil law rights
and obligations. That is one of the consequences of the fact that the Community is a community
based on the rule of law as stated by the Court in Case 294/83, "Les Verts" v. European Parliament(judgment of 23 April 1986, [1988] ECR 1339); that means that there is a right to an effective judicial
remedy (among the many precedents, Johnston, Case 222/84, judgment of 15 May 1986, [1986]
ECR 1682, and the other cases cited above). Nevertheless, in all respects other than their scope, theguarantees afforded by the Convention apply in a similar way to the Union.

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With regard to paragraph 3, it should be noted that in accordance with the case law of theEuropean Court of Human Rights, provision should be made for legal aid where the absence ofsuch aid would make it impossible to ensure an effective remedy (ECHR Judgment of 9.10.1979,
Airey, Series A, Volume 32, 11). There is also a system of legal assistance for cases before the
Court of Justice of the European Communities. That being so, it was deemed important to enshrine
this principle in the Charter.

Article 47. Presumption of innocence and right of defence
1.

Everyone who has been charged shall be presumed innocent until proved guilty according to
law.

2.

Respect for the right of defence of anyone who has been charged shall be guaranteed.

Explanation
This Article is based on Article 6(2) and (3) of the European Convention on Human Rights, whichreads as follows:"2.

Everyone charged with a criminal offence shall be presumed innocent until proved guilty
according to law.

3.

Everyone charged with a criminal offence has the following minimum rights:(a)to be informed promptly, in a language which he understands and in detail, of thenature and cause of the accusation against him;(b)to have adequate time and facilities for the preparation of his defence;(c)

to defend himself in person or through legal assistance of his own choosing or, if he has
not sufficient means to pay for legal assistance, to be given it free when the interests ofjustice so require;(d)to examine or have examined witnesses against him and to obtain the attendance andexamination of witnesses on his behalf under the same conditions as witnesses against
him;

(e)

to have the free assistance of an interpreter if he cannot understand or speak thelanguage used in court."

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In accordance with Article 51(3), this right has the same meaning and scope as the rightguaranteed by the European Convention on Human Rights.

Article 48. Principles of legality and proportionality of criminal offences and penalties
1.

No one shall be held guilty of any criminal offence on account of any act or omission which
did not constitute a criminal offence under national law or international law at the time when
it was committed. Nor shall a heavier penalty be imposed than the one that was applicable atthe time the criminal offence was committed. If, subsequent to the commission of thecriminal offence, the law provides for a lighter penalty, that penalty shall be applicable.

2.

This article shall not prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according to the general principles
recognised by all nations.

3.

The severity of penalties must not be disproportionate to the criminal offence.

Explanation
This Article follows the traditional principle of the non-retroactivity of laws and criminal sanctions.
There has been added the principle of the retroactivity of a more lenient penal law which exists in a
number of Member States and which features in Article 15 of the Covenant on Civil and Political
Rights.
Article 7 of the European Convention on Human Rights is worded as follows:"1. No one shall be held guilty of any criminal offence on account of any act or omission which did
not constitute a criminal offence under national or international law at the time when it wascommitted. Nor shall a heavier penalty be imposed than the one that was applicable at the time
the criminal offence was committed.

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2.

This Article shall not prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according to the general principles oflaw recognised by civilised nations."

In paragraph 2, the reference to "civilised" nations has been deleted; this does not change themeaning of this paragraph, which refers to crimes against humanity in particular. In accordancewith Article 51(3), the right guaranteed here therefore has the same meaning and scope as the rightguaranteed by the European Convention.
Paragraph 3 states the general principle of proportionality between penalties and criminal offences
which is enshrined in the common constitutional traditions of the Member States and in the caselaw of the Court of Justice of the Communities.

Article 49. Right not to be tried or punished twice in criminal proceedings for the same
criminal offence
No one shall be liable to be tried or punished again in criminal proceedings for an offence for which
he has already been finally acquitted or convicted within the European Union in accordance withthe law.
Explanation
Article 4 of Protocol No 7 to the European Convention on Human Rights reads as follows:"1. No one shall be liable to be tried or punished again in criminal proceedings under thejurisdiction of the same State for an offence for which he has already been finally acquitted orconvicted in accordance with the law and penal procedure of that State.
2.

The provisions of the preceding paragraph shall not prevent the reopening of the case inaccordance with the law and the penal procedure of the State concerned, if there is evidence of
new or newly discovered facts, or if there has been a fundamental defect in the previous
proceedings, which could affect the outcome of the case.

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3.

No derogation from this Article shall be made under Article 15 of the Convention."

The "non bis in idem" principle applies in Community law (see, among the many precedents, thejudgment of 5 May 1996, Cases 18/65 and 35/65, Gutmann v. Commission [1966] ECR 103 and a
recent case, the decision of the Court of First Instance of 20 April 1999, Joined Cases T-305/94 andothers, Limburgse Vinyl Maatschappij NV v. Commission, not yet published). The rule prohibiting
cumulation refers to cumulation of two penalties of the same kind, that is to say criminal law
penalties.
In accordance with Article 49, the "non bis in idem" principle applies not only within the jurisdictionof one State but also between the jurisdictions of several Member States. That corresponds to theacquis in Union law; see Articles 54 to 58 of the Schengen Convention, Article 7 of the Convention on
the Protection of the European Communities' Financial Interests and Article 10 of the Convention on
the fight against corruption. The very limited exceptions in those Conventions permitting the Member
States to derogate from the "non bis in idem" principle are covered by the horizontal clause in
Article 51(1) of the Charter regarding limitations. The right guaranteed here has the same meaning
as the corresponding right in the European Convention, but its scope is wider.

CHAPTER VII. GENERAL PROVISIONS
Article 50. Scope
1.

The provisions of this Charter are addressed to the institutions and bodies of the Union with
due regard for the principle of subsidiarity and to the Member States only when they are
implementing Union law. They shall therefore respect the rights, observe the principles andpromote the application thereof in accordance with their respective powers.

2.

This Charter does not establish any new power or task for the Community or the Union, or
modify powers and tasks defined by the Treaties.

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Explanation
The aim of this provision is to determine the scope of the Charter. It seeks to establish clearly that
the Charter applies primarily to the institutions and bodies of the Union, in compliance with theprinciple of subsidiarity. This provision is in keeping with Article 6(2) of the Treaty on
European Union, which requires the Union to respect fundamental rights, and with the mandate
issued by Cologne European Council. The term "institutions" is enshrined in the EC Treaty, Article
7 of which lists the institutions. The term "body" is commonly used to refer to all the authorities set
up by the Treaties or by secondary legislation (see Article 286(1) of the Treaty establishing theEuropean Community).
As regards the Member States, it follows unambiguously from the case law of the Court of Justicethat the requirement to respect fundamental rights defined in a Union context is only binding on theMember States when they act in the context of Community law (judgment of 13 July 1989,
Case 5/88 Wachauf [1989] ECR 2609; judgment of 18 June 1991, ERT [1991] ECR I-2925). The
Court of Justice recently confirmed this case law in the following terms: "In addition, it should be
remembered that the requirements flowing from the protection of fundamental rights in theCommunity legal order are also binding on Member States when they implement Community
rules..." (judgment of 13 April 2000, Case C-292/97, paragraph 37 of the grounds, not yet
published). Paragraph 2 confirms that the Charter may not have the effect of extending thecompetences and tasks which the Treaties confer on the Community and the Union. Explicit
mention is made here of the logical consequences of the principle by which the Union only has
those powers which have been conferred upon it. The fundamental rights as guaranteed in theUnion do not have any effect other than in the context of the powers determined by the Treaty.

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Article 51. Scope of guaranteed rights
1.

Any limitation on the exercise of the rights and freedoms recognised by this Charter must be
provided for by law and respect the essential content of those rights and freedoms.
Subject to the principle of proportionality, limitations may be made only if they are necessary
and genuinely meet objectives of general interest being pursued by the Union, other legitimate
interests in a democratic society or the need to protect the rights and freedoms of others.

2.

Rights recognised by this Charter which are based on the Community Treaties or the Treaty
on European Union shall be exercised under the conditions and within the limits defined bythose Treaties.

3.

Insofar as this Charter contains rights which correspond to rights guaranteed by theConvention for the Protection of Human Rights and Fundamental Freedoms, the meaning andscope of those rights shall be the same as those laid down by the said Convention unless thisCharter affords greater or more extensive protection.

Explanation
The purpose of this provision is to set the scope of the rights guaranteed. Paragraph 1 deals withthe arrangements for the limitation of rights. The wording is based on the case law of the Court ofJustice: "...it is well established in the case law of the Court that restrictions may be imposed on theexercise of fundamental rights, in particular in the context of a common organisation of the market,
provided that those restrictions in fact correspond to objectives of general interest pursued by theCommunity and do not constitute, with regard to the aim pursued, disproportionate andunreasonable interference undermining the very substance of those rights" (judgment of
13 April 2000, Case C-292/97, paragraph 45 of the grounds). The reference to other legitimate
interests relates to possible situations in which the exercise of a right may adversely affect factors
other than the public interest or the rights and freedoms of others: reputation, business secrecy, etc.

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Paragraph 2 specifies that where a right results from the Treaties it is subject to the conditions andlimits laid down by them. The Charter does not alter the system of rights conferred by the Treaties.
Paragraph 3 is intended to ensure the necessary consistency between the Charter and the ECHR byestablishing the principle that, insofar as the rights in the present Charter also correspond to rights
guaranteed by the ECHR, the meaning and scope of those rights, including authorised limitations,
are the same as those laid down by the ECHR. This means in particular that the legislator, inlaying down limitations to those rights, must comply with the same standards as are fixed by thedetailed limitation arrangements laid down in the ECHR without thereby adversely affecting theautonomy of Community law and of that of the Court of Justice of the European Communities.
The list of rights which may at the present stage, without precluding developments in the law, beregarded as corresponding to rights in the ECHR within the meaning of the present paragraph isgiven hereafter. It does not include rights additional to those in the ECHR..
1.

Articles of the Charter where both the meaning and the scope are the same as thecorresponding Articles of the European Convention on Human Rights:−

Article 2 corresponds to Article 2 of the ECHR−

Article 4 corresponds to Article 3 of the ECHR−

Article 5(1) and (2) correspond to Article 4 of the ECHR−

Article 6 corresponds to Article 5 of the ECHR−

Article 7 corresponds to Article 8 of the ECHR−

Article 10(1) corresponds to Article 9 of the ECHR−

Article 11 corresponds to Article 10 of the ECHR without prejudice to any restrictions which
Community law may impose on Member States' right to introduce the licensing arrangements
referred to in the third sentence of Article 10(1) of the ECHR−

Article 17 corresponds to Article 1 of the Protocol to the ECHR−

Article 19(1) corresponds to Article 4 of Protocol No 4−

Article 19(2) corresponds to Article 3 of the ECHR as interpreted by the European Court of
Human Rights−

Article 47 corresponds to Article 6(2) and(3) of the ECHR−

Article 48(1) (with the exception of the last sentence) and (2) correspond to Article 7 of
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2.

Articles where the meaning is the same as the corresponding Articles of the ECHR, butwhere the scope is wider:–

Article 12(1) corresponds to Article 11 of the ECHR, but its scope is extended to European
Union level−

Article 14(1) corresponds to Article 2 of the Protocol to the ECHR, but its scope is extended
to cover access to vocational and continuing training−

Article 14(3) corresponds to Article 2 of the Protocol to the ECHR as regards the rights ofparents−

Article 46(2) corresponds to Article 6(1) of the ECHR, but the limitation to the determinationof civil rights and obligations or criminal charges does not apply as regards Union law and
its implementation−

Article 49 corresponds to Article 4 of Protocol No 7 to the ECHR, but its scope is extended toEuropean Union level between the Courts of the Member States.

3.

Finally, citizens of the European Union may not be considered as aliens in the scope of theapplication of Community law, because of the prohibition of any discrimination on grounds ofnationality. The limitations provided for by Article 16 of the ECHR as regards the rights ofaliens therefore do not apply to them in this context.

Article 52. Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights andfundamental freedoms as recognised, in their respective fields of application, by international law
and international agreements to which the Union, the Community or all the Member States areparty, including the European Convention for the Protection of Human Rights and Fundamental
Freedoms, and by the Member States' constitutions.

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Explanation
This provision is intended to maintain the level of protection currently afforded within theirrespective scope by Union law, national law and international law. Owing to its importance,
mention is made of the European Convention on Human Right. The level of protection afforded by
the Charter may not, in any instance, be lower than that guaranteed by the Convention, with theresult that the arrangements for limitations may not fall below the level provided for in theConvention.

Article 53. Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or toperform any act aimed at the destruction of any of the rights and freedoms recognised in thisCharter or at their limitation to a greater extent than is provided for herein.

Explanation
This Article corresponds to Article 17 of the European Convention on Human Rights:"Nothing in this Convention may be interpreted as implying for any State, group or person any
right to engage in any activity or perform any act aimed at the destruction of any of the rights andfreedoms set forth herein or at their limitation to a greater extent than is provided for in theConvention."

CHARTE 4471/00

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44

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