EU Charter of Fundamental Rights (EU-CFR) Germany

Fundamental rights in the EU: EU citizens have these fundamental rights in all EU member states.

About this Page

what the EU Charter of Fundamental Rights (EUGrC) is
what the EU Charter of Fundamental Rights regulates
to whom the EU fundamental rights apply
Enforcement of EU fundamental rights

Table of Contents

1. What is the European Charter of Fundamental Rights?
2. To whom does the EU Charter of Fundamental Rights apply?

3. What rights apply under the EU Charter?

4. Enforcement of EU fundamental rights

5. FAQ EU fundamental rights

6. Conclusion EU fundamental rights

1. What is the European Charter of Fundamental Rights?

The EU Charter of Fundamental Rights (CFR) is the central document of fundamental and human rights of the European Union . It sets out the essential fundamental rights and freedoms that are binding on the EU institutions, bodies, and authorities. It was solemnly proclaimed in 2000 and has been legally binding since the entry into force of the Treaty of Lisbon on December 1, 2009. The Charter summarizes key rights in six titles – including human dignity, freedom, equality, and solidarity – and supplements these with judicial rights and civil rights.

The aim of the EU Charter of Fundamental Rights is to make fundamental rights visible in EU law , increase legal certainty, and harmonize the standard of protection. The Charter is based on the European Convention on Human Rights, the constitutions of the member states, and international human rights treaties. It is distinguished by its broad scope of protection: in addition to traditional civil liberties, it also protects social rights such as fair working conditions and social security. The EU Charter of Fundamental Rights is thus an important complement in Germany to the constitutional rights derived from the Basic Law (GG) .

2. To whom does the EU Charter of Fundamental Rights apply?

The EU Charter of Fundamental Rights is, in principle (just like the Basic Law), applicable to everyone in the world residing in the EU. However, this does not mean that all EU fundamental rights automatically apply to everyone, as some EU fundamental rights only apply to EU citizens (not "everyone's fundamental rights"). For example, all EU citizens have the freedom to seek work, to work, to settle, or to provide services in any Member State (see Article 15(2) EU Charter ). However, this only applies to EU citizens and not to everyone. In contrast, central rights such as human dignity ( Article 1 EU Charter ) or the right to life ( Article 2(1) EU Charter ) apply to everyone.

The EU Charter of Fundamental Rights primarily addresses the EU institutions and all bodies, authorities and bodies of the Union. They are obliged to respect the fundamental rights guaranteed by the Charter in all their actions. This includes, in particular, EU legislation, but also administrative action in Brussels and Strasbourg. For the Member States, however, the EU Charter only applies when they implement or apply EU law. This means that the Charter only applies when there is a so-called " reference to EU law ". National measures with no reference to EU law are subject solely to the respective national fundamental rights. In practice, therefore, it is primarily situations with a direct reference to EU regulations or EU directives (secondary law) in which citizens can invoke EU fundamental rights.

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3. What rights apply under the EU Charter of Fundamental Rights?

The EU Charter of Fundamental Rights comprises a total of 50 articles that guarantee a multitude of individual rights. These include classic defensive rights such as freedom of expression, freedom of assembly, and the right to respect for private life. Furthermore, it protects modern civil liberties such as data protection, consumer rights, the inviolability of the home, and the right to good administration. The EU fundamental rights are largely concurrent with the fundamental rights enshrined in the Basic Law ; only the scope and enforcement differ.

Of particular note in immigration law, however, is the comprehensive protection against discrimination in Article 21, which goes significantly beyond what many national regulations offer. Social rights such as the right to decent work, healthcare, and free job placement are also part of the Charter. Thus, the EU Charter of Fundamental Rights plays an important role in some areas, particularly for EU citizens and their families.

4. Enforcement of EU fundamental rights

EU fundamental rights can be enforced before the European Court of Justice (ECJ) in Luxembourg when it comes to actions by EU institutions or when member states violate fundamental rights in the application of EU law. The ECJ has invoked the Charter in numerous landmark decisions since 2009, for example on data retention or workers' rights.

National courts – for example, in Germany – must also apply the Charter when deciding cases involving EU law . In 2019, the Federal Constitutional Court (BVerfG) further developed its case law on the relationship between the German Basic Law and the European Charter of Fundamental Rights (CFR) in the context of the scope for implementation of EU law in two fundamental decisions on the simultaneous application of fundamental rights and EU fundamental rights. In doing so, it emphasized the competence to review EU fundamental rights in the area of fully harmonized EU law and, at the same time, highlighted the importance of the fundamental rights of the Basic Law as national standards of protection in the area of non-fully harmonized law. The EU Charter has thus become a central component of European fundamental rights protection.

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5. FAQ on the EU Charter of Fundamental Rights and immigration

Which states are bound by the Charter?

All EU member states are bound by the Charter – but only when implementing EU law. The Charter is always binding on the EU institutions.

Can one refer directly to the Charter in Germany?

Yes – provided there is a connection to EU law. For example, when EU directives are implemented or EU regulations are applied. Purely national matters are subject exclusively to the German Basic Law.

How does the Charter differ from the European Convention on Human Rights?

The Charter complements the ECHR and goes beyond it in some respects. It is direct primary law of the EU and contains more modern safeguards, particularly in the areas of social rights and data protection.

Are there absolute EU fundamental rights?

Yes. Human dignity, the prohibition of torture, and the prohibition of slavery are absolute. These rights may not be infringed under any circumstances.

6. Conclusion: Importance of the EU Charter of Fundamental Rights for third-country nationals

The EU Charter of Fundamental Rights represents a central element of the European constitutional state and guarantees a high level of protection not only to EU citizens but also to third-country nationals – whenever there is a connection to EU law. Particularly in the area of residence and migration law, it can be decisive when national authorities apply or implement EU law. For third-country nationals in Germany, this means that anyone who can invoke EU directives – for example, on family reunification, labor migration, or residence rights – can, in certain cases, also assert fundamental rights from the EU Charter. The Charter is thus a powerful instrument in the fight for equal treatment, freedom, and human dignity in Europe.