EU Charter of Fundamental Rights: an ongoing transformation of scope and structure

Aida Torres Perez

Chapter 12 in Research Handbook on European Constitutional Law, 2026, pp 213-231 from Edward Elgar Publishing

Abstract: Since becoming legally binding with the 2009 Lisbon Treaty, the EU Charter of Fundamental Rights has become the primary instrument for rights protection in the EU's constitutional framework. The present chapter focuses on the gradual transformation of both the Charter's scope of application and its inner structure. It aims to analyse the Charter's application to both public authorities and private individuals, considering its direct effect and potential future developments. Accordingly, the chapter is structured in two main parts. The first part delves into the scope of application of the Charter to both EU institutions and Member States. The second part examines the criteria that bestow the Charter with direct effect, particularly with regard to private relationships. The core argument is that the Charter's scope and effectiveness are progressively expanding, marking it as a landmark of EU federalization.

Keywords: Charter; Fundamental rights; Scope of application; Direct effect; Horizontal effect; Constitutional structure (search for similar items in EconPapers)
Date: 2026
ISBN: 9781802207866
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