EU Charter of Fundamental Rights Flashcards
Stauder
Established that if there were two legitimate interpretations of Community law, it would adopt the one that did not violate fundamental rights
Carpenters
- Deportation would have been a disproportionate interference with the right to family
- Mrs Carpenter overstayed her visa but was not deproted as she had raised a family there
Fransson
Held ‘the fundamental rights guaranteed in the legal order of the EU are applicable in all situations governed by EU law, but not outside such situations
Melloni
Held the national courts are free to apply national standards for protection of fundamental rights so long as primacy, unity and effectiveness of EU law was not affected
Stadt Wuppertal v Bauer
- Refused to pay the claimants an allowance in lieu of annual leave not taken by their spouses before their death
- EU Charter trumped German law
Digital Rights Ireland v Minister for Communication
- The Data retention Directive was annulled on the grounds that it disproportionately restricted the privacy and data protection guarantees of the Charter
- Court held that the obligations imposed by the Directive to retain data constitutes an interference with the right to privacy as does the access of competent authorities to that data
- Interferences were both wide-ranging and particularly serious
Google Spain
- Google search of plaintiff’s name linked him with bankruptcy proceedings
- Plaintiff argued that it was against his right to be forgotten
- Google was held to be in breach of plaintiff’s rights
Egenberger
- P applied for job
- One of the conditions was to be a part of the religion
- Argued discrimination on grounds of religion
- Brought to Court of Justice
- Religions can under EU law hire with the condition of religious beliefs
- CJEU held that it was unlawful discrimination
- In order to hire on religious basis, had to show that the job was closely related to promotion of the religion e.g. pastor
Siragusa v Regione Sicilia
- Charter did not apply
- Decree required a property owner to restore a site to its former state, because some works that had been undertaken were incompatible with the national landscape conservation rules applicable to the whole area
- Involved Italian law and EU law conflicting regarding environmental conservation laws
- Court held it was not a matter falling within EU law
Limitation of the exercise of charter rights (Article 52(1))
In order to be justified, the limitataions must be
1) provided for by law
2) they must respect the essence of rights
3) subject to the principle of proportionality, limitations must be genuinely necessary to meet objectives of general interest
Facebook Ireland
right to privacy can be overlooked if in a criminal case
Bastei Lubbe v Michael Strotzer
Copyright matters can see personal info forced to be handed over
DEB
Ruled that Article 47 of the Charter applies to judicial proceedings in which a legal person brings an action for damages against a MS on the grounds of the MS failure to implement a Directive on time which caused them economic loss
