Case C-540/03, Parliament v Council

First reference to Charter of Fundamental Rights.

Back from holiday, just to find out that a lot of interesting judgments were delivered, on some of these I might come back later.

To just start with one, in C-540/03 Parliament v Council, the Court for the first time referred to the Charter of Fundamental Rights. This reference could be a first step towards a (more) legal status of the Charter.

The Court held:

"The Charter was solemnly proclaimed by the Parliament, the Council and the Commission in Nice on 7 December 2000. While the Charter is not a legally binding instrument, the Community legislature did, however, acknowledge its importance by stating, in the second recital in the preamble to the Directive, that the Directive observes the principles recognised not only by Article 8 of the ECHR but also in the Charter. Furthermore, the principal aim of the Charter, as is apparent from its preamble, is to reaffirm 'rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the [ECHR], the Social Charters adopted by the Community and by the Council of Europe and the case-law of the Court ... and of the European Court of Human Rights". (para. 38)

See
this link for more details on the case (pdf).