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 - Sources

What are the sources of inspiration for the rights enshrined in the Charter of Fundamental Rights?

Charter’s rights reflect the jurisprudence delivered by the Court of Justice of the European Union over the years. Before 2009 they were collected and announced as a single document.
Sources of the Charter’s rights are numerous. They stem i.a. from the constitutional traditions and international obligations common to the Member States, the EU Treaties, Council of Europe Conventions, but also the case-law of the CJEU and ECHR.
Charter’s list of rights was created based on the national constitutions of Member States. Rights included in the majority of Constitutions were enshrined in the Charter.

As pointed out in the Charter’s preamble, the Charter reaffirms the rights as they result mainly from the constitutional traditions and international obligations common to the Member States, from the EU Treaties, the European Convention on Human Rights, the Social Charters adopted by the Community and by the Council of Europe, the case-law of the Court of Justice of the European Union and the European Court of Human Rights.

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