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Law-ref.org | TREATY ESTABLISHING A CONSTITUTION FOR EUROPE |
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DRAWING INSPIRATION from the cultural, religious and humanist inheritance of Europe, from which have developed the universal values of the inviolable and inalienable rights of the human person, freedom, democracy, equality and the rule of law,
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CONVINCED that, thus `United in diversity', Europe offers them the best chance of pursuing, with due regard for the rights of each individual and in awareness of their responsibilities towards future generations and the Earth, the great venture which makes of it a special area of human hope,
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ARTICLE-I-2: The Union's values [go to this ARTICLE]
... The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
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... The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
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ARTICLE-I-3: The Union's objectives [go to this ARTICLE]
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It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child.
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... In its relations with the wider world, the Union shall uphold and promote its values and interests. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter. ...
... In its relations with the wider world, the Union shall uphold and promote its values and interests. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter. ...
ARTICLE-I-9: Fundamental rights [go to this ARTICLE]
... Fundamental rights ...
... The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights which constitutes Part II. ...
... The Union shall recognise the rights, freedoms and principles set out in the Charter of Fundamental Rights which constitutes Part II. ...
... The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Constitution. ...
... Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.
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... Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law.
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ARTICLE-I-10: Citizenship of the Union [go to this ARTICLE]
... Citizens of the Union shall enjoy the rights and be subject to the duties provided for in the Constitution. They shall have: ...
... the right to vote and to stand as candidates in elections to the European Parliament and in municipal elections in their Member State of residence, under the same conditions as nationals of that State; ...
... the right to enjoy, in the territory of a third country in which the Member State of which they are nationals is not represented, the protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State; ...
... the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Constitution's languages and to obtain a reply in the same language. These rights shall be exercised in accordance with the conditions and limits defined by the Constitution and by the measures adopted thereunder.
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... the right to petition the European Parliament, to apply to the European Ombudsman, and to address the institutions and advisory bodies of the Union in any of the Constitution's languages and to obtain a reply in the same language. These rights shall be exercised in accordance with the conditions and limits defined by the Constitution and by the measures adopted thereunder.
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ARTICLE-I-42: Specific provisions relating to the area of freedom, security and justice [go to this ARTICLE]
... Member States shall have a right of initiative in the field of police and judicial cooperation in criminal matters, in accordance with Article III-264.
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ARTICLE-I-46: The principle of representative democracy [go to this ARTICLE]
... Every citizen shall have the right to participate in the democratic life of the Union. Decisions shall be taken as openly and as closely as possible to the citizen. ...
ARTICLE-I-50: Transparency of the proceedings of Union institutions, bodies, off ices and agencies [go to this ARTICLE]
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Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State shall have, under the conditions laid down in Part III, a right of access to documents of the Union institutions, bodies, offices and agencies, whatever their medium. ...
... European laws shall lay down the general principles and limits which, on grounds of public or private interest, govern the right of access to such documents. ...
ARTICLE-I-51: Protection of personal data [go to this ARTICLE]
ARTICLE-I-57: The Union and its neighbours [go to this ARTICLE]
... For the purposes of paragraph 1, the Union may conclude specific agreements with the countries concerned. These agreements may contain reciprocal rights and obligations as well as the possibility of undertaking activities jointly. Their implementation shall be the subject of periodic consultation.
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ARTICLE-I-59: Suspension of certain rights resulting from Union membership [go to this ARTICLE]
... Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may adopt a European decision suspending certain of the rights deriving from the application of the Constitution to the Member State in question, including the voting rights of the member of the Council representing that State. The Council shall take into account the possible consequences of such a suspension for the rights and obligations of natural and legal persons.
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... Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may adopt a European decision suspending certain of the rights deriving from the application of the Constitution to the Member State in question, including the voting rights of the member of the Council representing that State. The Council shall take into account the possible consequences of such a suspension for the rights and obligations of natural and legal persons.
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... Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may adopt a European decision suspending certain of the rights deriving from the application of the Constitution to the Member State in question, including the voting rights of the member of the Council representing that State. The Council shall take into account the possible consequences of such a suspension for the rights and obligations of natural and legal persons.
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... Where, following a decision to suspend voting rights adopted pursuant to paragraph 3, the Council acts by a qualified majority on the basis of a provision of the Constitution, that qualified majority shall be defined as in the second subparagraph, or, where the Council acts on a proposal from the Commission or from the Union Minister for Foreign Affairs, as at least 55 % of the members of the Council representing the participating Member States, comprising at least 65 % of the population of these States. In the latter case, a blocking minority must include at least the minimum number of Council members representing more than 35 % of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained. ...
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To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in society, social progress and scientific and technological developments by making those rights more visible in a Charter.
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To this end, it is necessary to strengthen the protection of fundamental rights in the light of changes in society, social progress and scientific and technological developments by making those rights more visible in a Charter.
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This Charter reaffirms, with due regard for the powers and tasks of the Union and the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union and by the Council of Europe and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In this context the Charter will be interpreted by the courts of the Union and the Member States with due regard to the explanations prepared under the authority of the Praesidium of the Convention which drafted the Charter and updated under the responsibility of the Praesidium of the European Convention.
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This Charter reaffirms, with due regard for the powers and tasks of the Union and the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union and by the Council of Europe and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In this context the Charter will be interpreted by the courts of the Union and the Member States with due regard to the explanations prepared under the authority of the Praesidium of the Convention which drafted the Charter and updated under the responsibility of the Praesidium of the European Convention.
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This Charter reaffirms, with due regard for the powers and tasks of the Union and the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union and by the Council of Europe and the case-law of the Court of Justice of the European Union and of the European Court of Human Rights. In this context the Charter will be interpreted by the courts of the Union and the Member States with due regard to the explanations prepared under the authority of the Praesidium of the Convention which drafted the Charter and updated under the responsibility of the Praesidium of the European Convention.
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Enjoyment of these rights entails responsibilities and duties with regard to other persons, to the human community and to future generations.
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ARTICLE-II-62: Right to life [go to this ARTICLE]
... Right to life ...
... Everyone has the right to life. ...
ARTICLE-II-63: Right to the integrity of the person [go to this ARTICLE]
ARTICLE-II-66: Right to liberty and security [go to this ARTICLE]
ARTICLE-II-67: Respect for private and family life [go to this ARTICLE]
... Everyone has the right to respect for his or her private and family life, home and communications.
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ARTICLE-II-68: Protection of personal data [go to this ARTICLE]
... Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. ...
... Such data must be processed fairly for specified purposes and on the basis of the consent of the person concerned or some other legitimate basis laid down by law. Everyone has the right of access to data which has been collected concerning him or her, and the right to have it rectified. ...
ARTICLE-II-69: Right to marry and right to found a family [go to this ARTICLE]
... The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.
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... The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.
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... The right to marry and the right to found a family shall be guaranteed in accordance with the national laws governing the exercise of these rights.
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ARTICLE-II-70: Freedom of thought, conscience and religion [go to this ARTICLE]
... Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance. ...
... Everyone has the right to freedom of thought, conscience and religion. This right includes freedom to change religion or belief and freedom, either alone or in community with others and in public or in private, to manifest religion or belief, in worship, teaching, practice and observance. ...
... The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.
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... The right to conscientious objection is recognised, in accordance with the national laws governing the exercise of this right.
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ARTICLE-II-71: Freedom of expression and information [go to this ARTICLE]
... Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. ...
... Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. ...
ARTICLE-II-72: Freedom of assembly and of association [go to this ARTICLE]
... Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests. ...
... Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests. ...
ARTICLE-II-74: Right to education [go to this ARTICLE]
... Right to education ...
... Everyone has the right to education and to have access to vocational and continuing training. ...
... The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.
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... The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected, in accordance with the national laws governing the exercise of such freedom and right.
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ARTICLE-II-75: Freedom to choose an occupation and right to engage in work [go to this ARTICLE]
... Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation. ...
... Every citizen of the Union has the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State. ...
ARTICLE-II-77: Right to property [go to this ARTICLE]
... Right to property ...
... Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law insofar as is necessary for the general interest. ...
ARTICLE-II-78: Right to asylum [go to this ARTICLE]
... Right to asylum ...
... The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Constitution.
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ARTICLE-II-84: The rights of the child [go to this ARTICLE]
... Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity. ...
... Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.
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ARTICLE-II-85: The rights of the elderly [go to this ARTICLE]
... The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.
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ARTICLE-II-86: Integration of persons with disabilities [go to this ARTICLE]
... The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community. ...
ARTICLE-II-87: Workers' right to information and consultation within the undertaking [go to this ARTICLE]
ARTICLE-II-88: Right of collective bargaining and action [go to this ARTICLE]
... Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action.
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ARTICLE-II-89: Right of access to placement services [go to this ARTICLE]
... Right of access to placement services ...
ARTICLE-II-90: Protection in the event of unjustified dismissal [go to this ARTICLE]
... Every worker has the right to protection against unjustified dismissal, in accordance with Union law and national laws and practices.
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ARTICLE-II-91: Fair and just working conditions [go to this ARTICLE]
... Every worker has the right to working conditions which respect his or her health, safety and dignity. ...
... Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual period of paid leave.
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ARTICLE-II-93: Family and professional life [go to this ARTICLE]
... To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.
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... To reconcile family and professional life, everyone shall have the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave and to parental leave following the birth or adoption of a child.
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ARTICLE-II-94: Social security and social assistance [go to this ARTICLE]
... In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices.
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ARTICLE-II-95: Health care [go to this ARTICLE]
... Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.
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... Everyone has the right of access to preventive health care and the right to benefit from medical treatment under the conditions established by national laws and practices. A high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities.
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ARTICLE-II-99: Right to vote and to stand as a candidate at elections to the European Parliament [go to this ARTICLE]
... Every citizen of the Union has the right to vote and to stand as a candidate at elections to the European Parliament in the Member State in which he or she resides, under the same conditions as nationals of that State. ...
ARTICLE-II-100: Right to vote and to stand as a candidate at municipal elections [go to this ARTICLE]
... Every citizen of the Union has the right to vote and to stand as a candidate at municipal elections in the Member State in which he or she resides under the same conditions as nationals of that State.
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ARTICLE-II-101: Right to good administration [go to this ARTICLE]
... Right to good administration ...
... Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union. ...
... This right includes:
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| (a) | the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; |
| (b) | the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy; |
| (c) | the obligation of the administration to give reasons for its decisions. |
... the right of every person to be heard, before any individual measure which would affect him or her adversely is taken; ...
... the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy; ...
... Every person has the right to have the Union make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States. ...
ARTICLE-II-102: Right of access to documents [go to this ARTICLE]
... Right of access to documents ...
... Any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State, has a right of access to documents of the institutions, bodies, offices and agencies of the Union, whatever their medium.
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ARTICLE-II-103: European Ombudsman [go to this ARTICLE]
... Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.
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ARTICLE-II-104: Right to petition [go to this ARTICLE]
... Right to petition ...
... Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to petition the European Parliament.
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ARTICLE-II-105: Freedom of movement and of residence [go to this ARTICLE]
... Every citizen of the Union has the right to move and reside freely within the territory of the Member States. ...
ARTICLE-II-107: Right to an effective remedy and to a fair trial [go to this ARTICLE]
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Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
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Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article.
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ARTICLE-II-108: Presumption of innocence and right of defence [go to this ARTICLE]
ARTICLE-II-110: Right not to be tried or punished twice in criminal proceedings for the same criminal offence [go to this ARTICLE]
... Right not to be tried or punished twice in criminal proceedings for the same criminal offence ...
ARTICLE-II-111: Field of application [go to this ARTICLE]
... The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the other Parts of the Constitution. ...
ARTICLE-II-112: Scope and interpretation of rights and principles [go to this ARTICLE]
... Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. ...
... Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. ...
... Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others. ...
... Rights recognised by this Charter for which provision is made in other Parts of the Constitution shall be exercised under the conditions and within the limits defined by these relevant Parts. ...
... Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection. ...
... Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection. ...
... Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection. ...
... Insofar as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection. ...
... Insofar as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions. ...
... Insofar as this Charter recognises fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions. ...
... The explanations drawn up as a way of providing guidance in the interpretation of the Charter of Fundamental Rights shall be given due regard by the courts of the Union and of the Member States.
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ARTICLE-II-113: Level of protection [go to this ARTICLE]
... 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 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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... 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 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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ARTICLE-II-114: Prohibition of abuse of rights [go to this ARTICLE]
... Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein. ...
... Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein. ...