List of ContentsList of Contents When does the Charter apply? The Charter applies to acts of (a) EU bodies and of (b) national bodies of the Member States, when they are implementing EU law. (a) EU bodiesThe provisions of the Charter always apply to the EU institutions, bodies, offices and agencies and, thus, protect people and legal entities if their fundamental rights are breached. In such cases, the Court of Justice of the European Union (CJEU) has the power to review the legality of the EU act in question.(b) national bodies of the Member StatesThe provisions of the Charter also apply to the Member States, but only when they are implementing EU law. For example, the Charter applies when the Member States adopt or apply a national law implementing an EU directive, or when the national authorities apply an EU regulation. If a national authority breaches fundamental rights when EU law is being implemented, national judges must ensure the correct application of the Charter. If needed, national courts can request guidance from the CJEU through the preliminary ruling procedure. The European Commission can also bring a Member State to the CJEU for having breached fundamental rights when implementing EU law.When Member State authorities do not implement EU law, fundamental rights are protected through their national constitutions and international fundamental rights protection systems, including the European Convention on Human Rights.Find out if the Charter applies to an individual case How to report a breach of your fundamental rights The Charter does not establish a general power for the European Commission to intervene in individual cases. Member States are responsible for protecting fundamental rights through their constitutions and courts. They must also respect their international human rights obligations, such as the European Convention of Human Rights. If you feel that your fundamental rights have been breached, you can complain to the national authorities, such as courts, or national human rights bodies.Find out how to find the competent authorities in your Member State Read more about making a complaint at national level The Commission may only intervene if there are elements pointing at general practices which run counter the Member States’ obligation to respect fundamental rights when implementing EU law. If the Commission detects a wider problem, it can contact the national authorities, and ultimately refer a Member State to the CJEU. Find out how to report a breach of EU law by an EU Member StateAlso national human rights institutions (NHRIs) promote the protection of the full range of fundamental rights. NHRIs monitor the application, implementation and promotion of the Charter in the Member States, provide information and support to victims of violations and cooperate with the national institutions to improve their use and awareness of the Charter. National and regional ombudsmen can receive complaints against Member State authorities, including in relation to activities within the scope of EU law. Article 43 of the Charter moreover gives EU citizens and natural or legal persons residing or having their registered office in the EU the right to complain to the European Ombudsman when they suspect maladministration in the activities of EU institutions, bodies, offices or agencies.In addition, equality bodies provide independent assistance to victims of discrimination. Member States must designate a national equality body responsible for promoting equal treatment. If you feel you are being discriminated against, you can contact your national equality body.
