Abstract
The fundamental rights of EU staff members have been protected since long before the Charter was adopted. Since it acquired Treaty status in 2009, the Charter has nonetheless become the first point of reference in this area for the Union Courts, and it has been relied on in assessing the validity of and interpreting both normative measures and individual decisions. In particular, the Charter has been instrumental in defining substantive rights of staff members, such as the protection of family life or the right to just and fair working conditions, and procedural rights in administrative and judicial proceedings. It has thus contributed to raising the level of fundamental rights protection in EU law, including that governing the relations between institutional employers and their staff.
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Notes
Mahoney [2], pp. 843–858.
Sabbatini-Bertoni v Parliament, 20/71, EU:C:1972:48. While these early staff law judgments of the Court of Justice are available in all languages, this is not the case as regards most such judgments of the General Court and the Tribunal.
Defrenne, 43/75, EU:C:1976:56.
Prais v Council, 130/75, EU:C:1976:142.
Weiser, C-37/89, EU:C:1990:254.
Article 51, Charter; on the extent of the duties of the Member States to apply the Charter, see in particular Åkerberg Fransson, C-617/10, EU:C:2013:105.
‘The … Charter … shall have the same legal value as the Treaties’: Art 6(1), 1st para, TEU.
Art 52(2) to (4), Charter.
Volker and Markus Schecke and Eifert, C-92/09 and C-93/09, EU:C:2010:662.
Marcuccio v Commission, F-56/09, EU:F:2010:48.
Vonier v Commission, T-165/03, EU:T:2004:331.
CF v EASA, F-40/12, EU:F:2013:85.
Respectively, Directive 95/46/EC (OJ 1995 L 281, p. 31), Art 16 TFEU and Art 8 TEU.
Arts 26 and 26a, Staff Regulations.
V v Parliament, F-46/09, EU:F:2011:101.
W v Commission, F-86/09, EU:F:2010:125.
Forget v Commission, F-153/12, EU:F:2014:61.
CH v Parliament, F-129/12, EU:F:2013:203.
Review Commission/Strack, C-579/12 RX-II, EU:C:2013:570.
Art 1e(2), Staff Regulations.
Adjemian and Others v Commission, T-325/09 P, EU:T:2011:506.
The French version somewhat ambiguously refers to ‘une mesure … prise à son encontre’.
Delcroix v EEAS, F-11/13, EU:F:2014:91.
Tzirani v Commission, F-46/11, EU:F:2013:115.
Mandt v Parliament, F-45/07, EU:F:2010:72.
Commission v Moschonaki, T-476/11 P, EU:T:2013:557.
Bradley [1] pp. 47–65.
CR v Parliament, F-128/12, EU:F:2014:38.
References
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Mahoney, P.: Application of human rights norms in European Union staff cases. a new dawn after the entry into force of the Charter of fundamental rights of the European Union? In: Akandji-Kombé, J.-F. (ed.) L’homme dans la Société Internationale. Mélanges en hommage au Professeur Paul Tavernier. Bruylant, Bruxelles (2013)
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Text of a presentation at the seminar on ‘EU Staff Regulations in practice’ organised on 10 November 2014 by the Academy of European Law in Trier; the informal tone of the speech has been retained. Best thanks are due to Roberto Schiano for his comments and suggestions; responsibility for any errors is the author’s alone.
The author is acting in a private capacity; the views expressed are purely personal, and do not prejudice any position the author may take as a judge.
The author is the President of the Second Chamber of the EU Civil Service Tribunal.
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Bradley, K. The application of the Charter of Fundamental Rights in EU staff law. ERA Forum 15, 561–574 (2014). https://doi.org/10.1007/s12027-014-0367-7
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DOI: https://doi.org/10.1007/s12027-014-0367-7