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  • Ownership and Control

  • CHAPTER 1: DIGNITY

  • Human dignity, as enshrined in Article 1 of the EU Charter of Fundamental Rights,forms the basis of fundamental rights and is integral to the European Union’s values,including freedom, equality, and solidarity. It influences various other rights, impacting everything from privacy and equality to workers’ rights and social security.
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  • The right to life, articulated in Article 2 of the EU Charter of Fundamental Rights,involves complex legal and ethical dimensions, particularly as they relate to newtechnologies and medical practices. The right not only prohibits arbitrary deprivation of life but also influences EU and MS laws and policies concerning healthcare access,emergency medical interventions, and ethical issues like euthanasia and assistedreproductive technologies.
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  • Article 3 of the EU Charter of Fundamental Rights focuses on the right to physicaland mental integrity, specifically emphasizing protections in the fields of medicineand biology.
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  • Article 4 of the EU Charter of Fundamental Rights prohibits torture and inhuman ordegrading treatment or punishment. This is particularly relevant in the fields ofjustice, home affairs, and external policies where the EU and MS’s influence issignificant.
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  • Article 5 of the EU Charter of Fundamental Rights specifically addresses theprohibition of slavery, servitude, forced labour, and human trafficking, highlightingthe EU and MS’s commitment to combatting these severe human rights violations.
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  • CHAPTER 2: FREEDOMS

  • Article 6 of the EU Charter of Fundamental Rights ensures the right to liberty andsecurity, which becomes particularly relevant in the domains of immigration,asylum, and criminal justice under the EU’s Area of Freedom, Security and Justice.This article shapes the standards and practices concerning the detention andtreatment of individuals within these areas, ensuring that actions like arrests,detentions, or deportations comply with EU laws designed to protect personalfreedom and security.
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  • Article 7 of the EU Charter of Fundamental Rights emphasizes the right to respect forprivate and family life. It acknowledges the broad and dynamic nature of family lifewithin the EU, influenced by various factors including legislation on free movement,social security, and gender equality. The right to privacy under Article 7 ensures theprotection of personal and family records against unauthorized or unnecessarycollection, use, or disclosure of such information. This is particularly critical incontexts affecting children, gender equality, and migrants, where privacy and dataprotection are paramount.
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  • Article 8 of the EU Charter of Fundamental Rights enshrines the right to theprotection of personal data. It ensures that personal data must be processed fairly,for specified purposes, and on the basis of the consent of the person concerned oranother legitimate basis laid down by law. Moreover, everyone has the right to accessand rectify data collected about them. This right is particularly significant in thecontext of AI, where vast amounts of personal data can be processed automatically.
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  • Article 9 of the EU Charter of Fundamental Rights addresses the right to marry andfound a family. This right involves areas related to non-discrimination, cross-borderrecognition of family statuses, and public health services affecting family life.
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  • Article 10 of the Charter of Fundamental Rights of the European Union guaranteesthe right to freedom of thought, conscience, and religion. This includes the right tohold beliefs, change religion or belief, and manifest one’s religion or beliefs inworship, teaching, practice, and observance, either alone or in community withothers. Areas of application include employment, public expression, education,healthcare.
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  • Freedom of expression constitutes a cornerstone of democratic societies. It is at thecentre of individual autonomy, public discourse, and the functioning of the media.This right encompasses the freedom to hold opinions and to receive and impartinformation and ideas without undue interference. It also ensures the freedom andpluralism of the media which is at the core of a diverse and informed public sphere.This right impact areas such as: the right to hold opinions; the right to impartinformation and ideas; and the right to receive information and ideas.
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  • The right to assembly and association guarantees individuals the freedom to gatherpeacefully and to form or join groups, including political parties, trade unions, and civic organisations. This right is essential for political participation, social solidarity, and theexpression of collective interests. In this case, AI systems could limit the possibility ofindividuals assembling, associating, and participating in political and social life, forinstance, by profiling individuals.
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  • Article 13 of the CFEU deals with the freedom of the arts and sciences and aims to fosterknowledge, culture, and innovation. It ensures that artistic expression and scientificresearch are free from undue restrictions. Academic freedom is also a key component,safeguarding the independence of educational institutions and the development ofknowledge. AI systems raise primary questions about the creation of knowledge and thedevelopment of innovation.
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  • Article 14 of the CFEU is about the protection of the right to education. It ensures accessto quality education for everyone, regardless of their nationality or status. It includes theright to vocational training, non-discrimination in educational opportunities, and accessto education for EU nationals and third-country nationals under certain conditions. Theright to education also intersects with freedom of movement within the EU and theability to pursue studies across member states.
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  • Article 15 of the EU Charter protects the right to engage in work and pursue a freelychosen occupation. This right encompasses equal treatment for EU citizens acrossMember States regarding employment opportunities, social, and tax advantages. Forthird-country nationals, once authorized to work, they are entitled to equal treatment inworking conditions.
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  • Article 16 of the EU Charter protects the freedom to conduct business, including theright to start and manage economic activity. It is closely linked to the rights toproperty (Article 17) and work (Article 15).
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  • Article 17(1) of the Charter protects the right to property, ensuring that individuals,companies, and entities are entitled to own, use, and dispose of their possessions.The right extends to both tangible and intangible assets and guarantees that propertycannot be taken away except in cases of public interest and under fair compensation,which must be established by law. Article 17(2) specifically highlights the growingimportance of intellectual property (IP) rights, including copyrights, patents, andtrademarks. Intellectual property extends the scope of the right to property byensuring that the creations of the mind, such as inventions, literary and artisticworks, and symbols, are recognized and protected. Given the increasing reliance onknowledge-based economies, protecting intellectual property rights is crucial tofostering innovation, creativity, and economic competitiveness in the EU. In thiscontext, EU law seeks to strike a balance between protecting IP rights and promotingthe public interest, ensuring that the use of intellectual property does not undulyrestrict innovation or fair competition.
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  • Article 18 of the Charter of Fundamental Rights of the European Union guarantees theright to asylum, framing it within the existing EU asylum system and protocols. Thisright ensures that individuals seeking international protection within the EU have accessto a fair and functioning asylum process. The field of application of Article 18 isprimarily centered on third-country nationals seeking protection within the EU.
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  • Article 19 of the EU Charter prohibits collective expulsion and protects individuals frombeing sent to a country where they may face torture, inhuman, or degrading treatment.It has two main components: Article 19(1) prevents the collective expulsion of EU andthird-country nationals, protecting the right to individual consideration of cases; Article19(2) prohibits extradition or removal of individuals to countries where they may facehuman rights abuses.
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  • CHAPTER 3: EQUALITY

  • Article 20 of the EU Charter guarantees that “everyone is equal before the law.” This fundamental right is central to EU law, ensuring that all individuals receive fair and equal treatment in all situations where EU law applies. It plays a broad role in numerous areas, including employment, social welfare, taxation, and public services, where differences in treatment can arise.
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  • Article 21 of the EU Charter prohibits any discrimination based on nationality or other personal characteristics such as race, gender, religion, sexual orientation, and more. It is divided into two parts: one focusing on nationality discrimination (Art. 21(2)) and the other addressing broader status-based discrimination (Art. 21(1)). While Article 21(1) aligns with EU anti-discrimination laws, Article 21(2) specifically targets nationality discrimination within the scope of the Treaties.
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  • Article 22 of the EU Charter emphasises that the European Union must respect and promote the diversity of cultures, religions, and languages across its member states. The recognition of this right underlines the commitment to the coexistence of various cultural identities based on the value of diversity, and ensuring that cultural, religious, or linguistic differences are not a basis for discrimination or exclusion. AI could fail to represent diversity and different cultural nuances.
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  • Article 23 of the EU Charter mandates the equality between women and men. This right extends to different areas of life, including employment, work, and pay. It does not only promotes gender equality but also allows for the implementation of positive actions (e.g., specific policies or measures) to benefit the under-represented sex, often women, in situations where historical or structural inequalities exist. AI decision-making could lead to gender-based discrimination.
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  • Article 24 of the EU Charter outlines children’s rights to protection, care, and participation in decisions affecting them. It consists of three key principles. First, Children have the right to necessary protection and care for their well-being and freely express their views, which must be considered by age and maturity. Second, in all matters involving children, their best interests must be a primary consideration for both public authorities and private institutions. Third, every child has the right to maintain regular, personal relationships and contact with both parents, unless this would be contrary to their best interests
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  • Article 25 of the EU Charter recognises the rights of elderly individuals to live with dignity, maintain their independence, and actively participate in social and cultural life. This article ensures that older people are treated with respect and provided with opportunities to engage fully in society, avoiding exclusion due to age.
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  • Article 26 of the EU Charter recognises the right of persons with disabilities to benefit from measures that ensure their independence, social and occupational integration, and active participation in community life. This article underscores the importance of creating an inclusive environment where individuals with disabilities have equal opportunities to engage in all aspects of society.
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  • CHAPTER 4: SOLIDARITY

  • Article 27 of the EU Charter establishes the right of workers to information and consultation within their organizations. This right is critical in EU labor law, ensuring that employees or their representatives are informed and consulted on matters affecting the workplace. The scope of this right is dependent on national laws and EU Directives, and it typically applies at various levels such as establishments, undertakings, and company groups. However, Article 27 lacks direct effect unless implemented through specific national or EU legislation.
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  • Article 28 of the EU Charter guarantees the right of workers and their representatives to engage in collective bargaining and take collective action, including strike action, in defense of their interests. This right applies to the institutions, bodies, offices, and agencies of the EU, as well as to Member States when implementing EU law. However, this right must be exercised in accordance with both Union and national laws, making it subject to limitations based on public interest or economic rights.
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  • Article 29 of the Charter guarantees the right to access free placement services, facilitating labor mobility and helping individuals find employment within the EU. This right is closely tied to the freedom of movement for workers, ensuring that both EU nationals and workers from member states can benefit from equal access to job opportunities. The role of national and European employment services, including platforms like EURES, is essential in coordinating job vacancies, applications, and labor market data, contributing to a balanced, integrated labor market.
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  • Article 30 of the Charter protects workers from unjustified dismissal. This right is meant to prevent arbitrary terminations, ensuring that any dismissal follows a lawful procedure, includes appropriate reasons, and provides redress, such as compensation or dispute resolution mechanisms.
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  • Article 31 of the Charter of Fundamental Rights of the EU ensures the right to fair and just working conditions. This includes protecting workers’ safety, health, and dignity in their working environment. It also guarantees that workers receive adequate rest and paid annual leave.
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  • Article 32 of the Charter of Fundamental Rights of the EU ensures the protection of children from economic exploitation and harmful labor practices. It restricts child labor and ensures that any work undertaken by young people is done under safe conditions. It aims to balance the need for vocational opportunities with educational development and safeguarding the health, safety, and well-being of minors.
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  • Article 33 ensures protection for family life and work-life balance, emphasizing social and economic protection for families.
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  • Article 34 of the Charter ensures access to social security, housing, and social assistance. It covers citizens and residents within the EU and supports their right to receive appropriate support, especially during vulnerable times, such as unemployment or illness.
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  • Article 35 of the Charter ensures access to preventive health care and medical treatment under conditions established by national laws and practices. It mandates that a high level of human health protection be integrated into all Union policies and activities.
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  • Article 36 of the Charter concerns access to services of general economic interest (SGEI), ensuring that everyone has the right to access these services, especially those essential for maintaining dignity and ensuring welfare (e.g., electricity, water, healthcare).
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  • Article 37 of the Charter focuses on integrating environmental protection into all Union policies, aiming for a high level of protection and improvement in environmental quality. However, it does not establish any specific individual right to environmental protection. Instead, it serves as a guiding principle for EU institutions and Member States when implementing Union law, especially concerning policies on climate, biodiversity, pollution, and waste management.
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  • Article 38 of the Charter of Fundamental Rights of the European Union ensures that all Union policies and activities provide a high level of consumer protection. It aligns closely with Article 169 TFEU, which promotes consumer health, safety, and economic interests. The article has broad relevance, influencing not only consumer protection but also harmonizing laws affecting trade, free movement, and public policies across the Union.
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  • CHAPTER 5: CITIZENS’ RIGHTS

  • Article 39 of the Charter of Fundamental Rights of the EU secures the right for citizens of the Union to vote and stand as candidates in elections to the European Parliament. This right applies to EU institutions and Member States implementing Union law, particularly under the Act on Direct Elections and Council Directive 93/109/EC. It relates closely to Article 40 (municipal election rights) and promotes democratic participation within the EU’s political processes.
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  • Article 40 guarantees EU citizens the right to vote and stand as a candidate in municipal elections, regardless of their nationality within the Union. This right reflects the EU’s commitment to democratic participation and equal treatment, aligning with broader Union values. However, it applies only to local elections, and does not extend to national elections. It ensures non-discriminatory access to political participation at the municipal level for EU citizens residing in other Member States.
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  • Article 41 of the EU Charter guarantees the right to good administration, ensuring that individuals have the right to fair treatment in dealings with the EU institutions. This includes the right to be heard, access to one’s file, and receiving reasons for decisions. While the Article specifically addresses EU institutions, bodies, offices, and agencies, the general principle of good administration also applies to Member States when acting within the scope of EU law, as clarified by case law.
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  • Article 42 of the Charter grants every citizen of the Union the right to access documents of EU institutions, bodies, offices, and agencies. This right is closely linked to Article 15(3) TFEU and is governed by secondary legislation, most notably Regulation 1049/2001.
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  • Article 43 of the Charter guarantees EU citizens and residents the right to complain to the European Ombudsman. This right applies to situations where EU institutions, bodies, offices, or agencies have committed maladministration. If a bank’s AI system evaluating creditworthiness is part of an EU-regulated institution, individuals could potentially file a complaint with the Ombudsman if the evaluation process appears unfair or lacks transparency. The Ombudsman ensures that EU bodies adhere to principles of good administration.
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  • Article 44 of the Charter provides the right for every citizen or resident of the EU to petition the European Parliament on matters within the Union's scope of activity. If a bank uses AI to evaluate creditworthiness in a way that violates EU laws or principles, individuals can petition the European Parliament to review the matter. This right serves as an avenue for individuals to raise concerns about transparency or fairness in credit evaluation within the Union's legal framework.
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  • Article 45 of the Charter grants EU citizens the right to move and reside freely withinthe territory of the Member States. This right mirrors the provisions of Article 20(2)(a)TFEU and is fundamental to the European integration project. It primarily emphasizesthat free movement rights, although central, must align with conditions defined in EUTreaties.
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  • Article 46 of the Charter grants EU citizens the right to diplomatic and consular protection from any Member State's embassy or consulate when outside the EU and their own country lacks representation. This provision supports the practical application of EU citizenship and fosters European solidarity. It is directly linked to Article 20 and Article 23 TFEU, which outline similar rights and confer powers for the necessary implementation of protection measures abroad.
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  • CHAPTER 6: JUSTICE

  • Article 47 of the EU Charter of Fundamental Rights is centered on the right to an effective remedy and to a fair trial. It encompasses the principles of access to justice, ensuring that any person whose rights under EU law are violated has the right to a fair and just legal remedy. This includes the necessity for transparency and clarity in any judicial or quasijudicial process.
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  • Article 48 of the Charter guarantees the presumption of innocence until proven guilty in legal proceedings. It mirrors Article 6(2) of the European Convention on Human Rights (ECHR) and applies both in criminal law and in procedures where severe sanctions are imposed. This principle also applies to EU competition law and other legal proceedings involving sanctions. The right ensures that the burden of proof lies with the prosecuting authority and promotes fairness in judicial decisions.
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  • Article 49 of the Charter protects the principle that criminal offenses and penalties must be clearly defined by law (legality) and must not be excessive in relation to the offense (proportionality). These principles limit both national and EU powers to create or enforce criminal laws, ensuring fairness throughout the legislative, interpretative, and enforcement stages of EU and national law.
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  • Article 50 of the Charter enshrines the principle of ne bis in idem, preventing an individual from being tried or punished again for the same offence within the EU after a final verdict. This principle ensures fairness in criminal proceedings, safeguards finality of legal judgments, and applies broadly across the EU's criminal law framework and administrative sanctions resembling criminal law.
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