Handbook on How to Apply the CFR in Lawmaking and Policymaking at National Level
FRA recently published a handbook offering guidance on use of the EU Charter of Fundamental Rights (the Charter) at the national level. The handbook aims to provide practical orientation on the scope of the Charter based on the case law of the CJEU. It is targeted at all persons working in national legislative and administrative authorities, such as governments, parliaments, regional and local authorities, and at individuals working in courts and human rights institutions in the EU Member States.
The handbook is structured in three parts ‒ parts I and II and an annex. While the first part offers an introduction to the Charter for all target groups, the second part consists of two checklists designed for persons engaged in legislative and policy processes at the national level. The annex gives a summary of the Charter rights and how they relate to various other human rights catalogues, e.g., the ECHR and human rights’ instruments of the UN.
In detail, Part I focuses on the following issues:
¡ The EU system of fundamental rights protection;
¡ The Charter’s relation to other fundamental rights instruments such as the ECHR;
- Reasons for applying the Charter, its scope of application, and situations in which it applies;
- The interpretation of and limitations on Charter rights.
Part II provides for the following:
- A checklist to assess the applicability of the Charter with regard to national law and policymaking;
- A checklist to promote an initial understanding of whether or not a (draft) national act is in line with the Charter.