Judging the Charter

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

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The Charter in a Nutshell - Legal Value

What is the legal value of the EU Charter of Fundamental Rights?

The Charter is legally binding and as a part of the EU primary law has the same legal value as Treaties.
The Charter is not formally binding, in contrast to the ECHR, but it makes rights more visible, has strong symbolic value and should be taken into consideration by EU institutions.
The Charter is legally binding but only at the level of European institutions. It replaces at the EU level the national constitutions binding on the Member State level.

The Charter was proclaimed on 7 December 2000 at the Nice European Council, by the European Parliament, the European Commission and by the EU Member States, comprising the European Council. The Charter is legally binding since 1 December 2009 (Treaty of Lisbon). Art 6 (1) TEU reads: The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights which shall have the same legal value as the Treaties.

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