The Charter of Fundamental Rights in the Case Law of the ECJ: The Significance and Decisive Advantages of a Functional Approach

Fundamental rights have been a significant component of European Union law for decades and an integral normative element of primary law since the entry into force of the Lisbon Treaty together with the Charter of Fundamental Rights (hereinafter the “CFR”) (2009). However, the application of the CFR is strictly and formally delineated, in a way which, broadly speaking, excludes the independent application of the guarantees contained in the Charter sets out a number of conditions. These conditions and limitations define the scope of the ECJ’s competence, preventing it from being characterized as a human rights court, unlike the European Court of Human Rights (hereinafter the “ECHR”). Nevertheless, it is evident that fundamental rights play an increasingly significant role in the case law of the ECJ, and the EU’s protection system in this area makes good use of its autonomy. This approach ensures that fundamental rights serve as vital tools of interpreting EU norms, allowing to decode the content and meaning from them that best correspond to the EU axiology, while also ensuring the implementation of the principle of effectiveness. Thus, fundamental rights can be regarded as the source of what is sometimes referred to as their ‘radiation’ throughout the entire EU legal system. In the debate on the future of the CFR, we must not lose sight of the fact that the European Union is first and foremost an organization serving citizens and that the effectiveness of the protection of fundamental rights is crucial in shaping pro-European attitudes in our societies.