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 - most favourable condition

What does "the principle of most favourable condition" included in the Charter of Fundamental Rights means?

The principle of most favourable condition means that Charter’s rights and principles shall not be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognized at both national level, and at international level.
The principle of most favourable condition means that since the Charter is the highest human rights document in the Union and provides most favourable conditions, no other law (both at the EU and national level) shall prevail over the Charter.
The principle of most favourable condition means that in case of doubt which law – national law or EU law – provides more protection, the interested party should address (via national court) the CJEU with a preliminary question.

The principle of most favourable conditionis expressed in Art. 53 of the Charter which reads: Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union, the Community or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States' constitutions.

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