Fundamental Rights, General Principles and Equal Treatment
Fundamental rights, general principles and equal treatment
This domain tests the EU Charter, unwritten general principles and the prohibition of discrimination. You must know when the Charter applies and how limitations and justifications work.
Core rules
- The Charter has the same legal value as the Treaties under Art 6 TEU. It binds EU institutions and Member States only when implementing EU law (Art 51).
- General principles include fundamental rights, proportionality, legal certainty, legitimate expectations and non-discrimination; they derive from constitutional traditions and the ECHR.
- Limitations under Art 52 Charter must be prescribed by law, respect the essence, be necessary and proportionate, and genuinely meet EU objectives.
- Equal treatment: Art 20 Charter, Art 19 TFEU and secondary directives covering sex, race, age, disability, religion and sexual orientation.
- Direct discrimination can be justified only by limited exceptions; indirect discrimination may be objectively justified.
Worked example
A public employer sets a mandatory retirement age of 65. An employee claims age discrimination. The measure falls within EU law if it implements the Employment Equality Directive. Direct age discrimination may be justified by legitimate aims such as intergenerational fairness or workforce planning, but the means must be proportionate. The court examines the aim, the margin of appreciation and whether a less restrictive alternative exists.
Traps
The Charter is not a general human rights instrument applicable to every national measure, and it creates no free-standing EU competence. Not every unequal treatment is discrimination; comparability matters. Justification is not unlimited, and budgetary reasons alone are usually insufficient.