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 - Rights and Principles 2

Art. 23 of the Charter of Fundamental Rights: "Equality between men and women must be ensured in all areas, including employment, work and pay […]" is an example of the provision that includes both the individually enforceable right and the principle that formulates policy optimization commands.

No, equality between men and women is one of the oldest rights in the EU and it has always had the character of directly individually enforceable right.
Yes, this provision includes both, the individually enforceable right but also the principle of equality between men and women that should be always taken into consideration.
No, this is a typical principle, it is not concrete and just shows the direction for legislative and executive acts that should take into consideration the principle of equality between men and women.

The right to equality between men and women is an example of a provision that includes both elements. On the one hand it is individually enforceable right (the provision states that ‘equality between men and women must be ensured in all areas including employment, work and pay…’ On the other hand it is also a principle that formulates policy optimization commands for institutions, bodies, offices and agencies of the Union in their legislative and executive activities as well as for acts of Member States when they are implementing Union law.

However, it should be also said that this issue is a subject of the debate. There are voices that question the possibility of containing in one provision both elements – right and principle.

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