When does the Charter of Fundamental Rights apply?
The provisions of the Charter apply to the institutions, bodies, offices and agencies of the EU in all their actions and to Member States when they are implementing EU law.
The Charter protects individuals and legal entities against actions by the EU institutions that infringe fundamental rights. If this happens, the Court of Justice of the EU has the power to review the legality of the act.
If a national authority breaches rights under the Charter when implementing EU law, national judges (under the guidance of the Court of Justice of the EU if needed) have the power to ensure that the Charter is respected.
The Charter applies in conjunction with national and international fundamental rights protection systems, including the European Convention on Human Rights.
If you feel that your rights have been breached in a context not covered by EU law, you will need to address your complaint to the relevant national authority, be it the government, the national courts or a specialised human rights body.
How to report a breach of your rights
National equality bodies
All EU countries must designate a national equality body responsible for promoting equal treatment.
These bodies must:
- provide independent assistance to the victims of discrimination
- conduct surveys and studies
- publish independent reports and recommendations
If you feel you are being discriminated against, you should contact the national equality body in your country.
List of national equality bodies
Read more about making a complaint at national level.
To find out if the Charter applies to your case and how to get help click here.
Types of breach
Violation by a national authority
If a national authority violates the Charter when implementing EU law, national judges (under the guidance of the Court of Justice of the EU if needed) have the power to ensure that the Charter is respected.
Violation by an EU institution
The Charter protects individuals and legal entities against actions by the EU institutions that infringe fundamental rights. If this happens, the Court of Justice of the EU has the power to review the legality of the act.
The European Commission takes action against a national authority
The European Commission can take an EU country to court for breaching fundamental rights when implementing EU law. But it cannot do so when only national law is concerned.
European Court of Human Rights
Independently of their obligations under EU law, all EU countries have also made commitments under the European Convention on Human Rights. This means that you can - as a last resort, after exhausting all remedies available to you in your own country - bring an action before the European Court of Human Rights in Strasbourg if an EU country has violated a fundamental right guaranteed by the European Convention on Human Rights.
To see whether or not your complaint is admissible, you can consult the admissibility checklist of the European Court of Human Rights.