The Conformation of Fundamental Rights by the Court of Justice of the European Union

Abstract

The Treaty of Lisbon grants a binding character to Charter of Nice, in its version of 12 December 2007, establishing in section 1 of article 6 of the Treaty on European Union (TEU) that “The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties”. It is important to add that the Charter is not only binding for the Union since, as in accordance with art. 51 of the Charter, its provisions are also applicable to the Member States, although solely when they apply the Law of the Union.