Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

Applicability – Yes or no? Violation of right to property

A farmer is claiming against an administrative order that prohibits further construction on his piece of land. The order refers to a national law on the protection of nature.

The farmer claims a violation of his right to property guaranteed by the Charter. A number of EU rules on environmental protection would show that competence of the EU is given in this policy field.

Are Charter rights applicable in this case?


In Siragusa the CJEU made clear that

the concept of ‘implementing Union law’ requires a certain degree of connection above and beyond the matters covered being closely related or one of those matters having an indirect impact on the other

The mere fact that the protection of nature and environmental protection are very often interrelated with each other is not enough. As the national law in question was not enacted in application of EU Law, the Charter is not applicable.