European Charter of Fundamental Rights vs. European Convention on Human Rights

Attribute	European Charter of Fundamental Rights	European Convention on Human Rights
Year of Adoption	2000	1950
Scope	EU member states	Council of Europe member states
Legal Status	Legally binding on EU institutions and EU member states when implementing EU law	Legally binding on Council of Europe member states
Enforcement Mechanism	European Court of Justice	European Court of Human Rights

Introduction

The European Charter of Fundamental Rights and the European Convention on Human Rights are two important documents that protect the rights of individuals in Europe. While both documents aim to safeguard human rights, they have some key differences in terms of scope, legal status, and enforcement mechanisms.

Scope

The European Charter of Fundamental Rights is a legally binding document that sets out the fundamental rights of European Union citizens. It covers a wide range of rights, including civil, political, economic, and social rights. The Charter applies to all EU institutions and bodies, as well as to EU member states when they are implementing EU law.

On the other hand, the European Convention on Human Rights is an international treaty that was adopted by the Council of Europe. It sets out a list of fundamental rights and freedoms that must be respected by all member states of the Council of Europe. The Convention covers civil and political rights, such as the right to life, freedom of expression, and the right to a fair trial.

Legal Status

The European Charter of Fundamental Rights has the status of primary law within the European Union. This means that it is legally binding on EU institutions and member states when they are implementing EU law. The Charter can be invoked before the European Court of Justice, which has the power to interpret and apply its provisions.

On the other hand, the European Convention on Human Rights has the status of an international treaty. While it is legally binding on the member states of the Council of Europe, it does not have the same direct effect within national legal systems as the Charter. Instead, individuals must bring cases before the European Court of Human Rights in order to enforce their rights under the Convention.

Enforcement Mechanisms

The European Charter of Fundamental Rights is enforced primarily through the legal system of the European Union. Individuals can bring cases before the European Court of Justice if they believe that their rights under the Charter have been violated. The Court has the power to issue judgments and remedies in cases involving violations of the Charter.

On the other hand, the European Convention on Human Rights is enforced through the European Court of Human Rights, which is a separate judicial body from the EU. Individuals can bring cases before the Court if they believe that their rights under the Convention have been violated by a member state. The Court can issue judgments and remedies in cases involving violations of the Convention.

Conclusion

In conclusion, the European Charter of Fundamental Rights and the European Convention on Human Rights are both important instruments for protecting human rights in Europe. While the Charter applies specifically to EU citizens and has the status of primary law within the EU, the Convention applies to all member states of the Council of Europe and is enforced through a separate judicial body. Both documents play a crucial role in upholding the rights and freedoms of individuals in Europe.