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EU: WILL THE EU LIVE UP TO ITS PRINCIPLES IN THE TREATIES & THE CHARTER WHEN ITS COMMITMENT TO FUNDAMENTAL RIGHTS IS "NON-BINDING"?

05 October 2014

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Council of the European Union: Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council's preparatory bodies, see Doc no: 13390-14 (LIMITE, pdf) with List of the rights, freedoms and principles guaranteed by the Charter of Fundamental Rights in its Annex:
"The recent case law of the European Court of Justice [1] confirms that the Court will not satisfy itself with anything less than a strict assessment of the proportionality and necessity of measures that constitute serious restrictions to fundamental rights, however legitimate the objectives pursued by the EU legislature. It also indicates that such measures do not stand a serious chance of passing the legality test unless they are accompanied by adequate safeguards in order to ensure that any serious restriction of fundamental rights is circumscribed to what is strictly necessary and is decided in the framework of guarantees forming part of Union legislation instead of being left to the legislation of Member States.

Moreover, the legislator should be able to demonstrate that it has explored alternative ways to attain the objectives pursued which would be less restrictive of the rights of the individuals concerned."

See Council document on the Judgment of 8 April 2014, Cases C-293/12 and C-594/12, Digital Rights Ireland: Doc no: 9009-14, LIMITE, pdf

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