The application of the Charter of Fundamental Rights in EU staff law

Abstract

The fundamental rights of EU staff members have been protected since long before the Charter was adopted. Since it acquired Treaty status in 2009, the Charter has nonetheless become the first point of reference in this area for the Union Courts, and it has been relied on in assessing the validity of and interpreting both normative measures and individual decisions. In particular, the Charter has been instrumental in defining substantive rights of staff members, such as the protection of family life or the right to just and fair working conditions, and procedural rights in administrative and judicial proceedings. It has thus contributed to raising the level of fundamental rights protection in EU law, including that governing the relations between institutional employers and their staff.