PART II: THE CHARTER OF FUNDAMENTAL RIGHTS OF THE UNION
TITLE VII - GENERAL PROVISIONS GOVERNING THE INTERPRETATION AND APPLICATION
OF THE CHARTER
ARTICLE II-111
Field of application
1. The provisions of this Charter are addressed to the institutions, bodies, offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law. They shall therefore respect the rights, observe the principles and promote the application thereof in accordance with their respective powers and respecting the limits of the powers of the Union as conferred on it in the other Parts of the Constitution.
2. This Charter does not extend the field of application of Union law beyond
the powers of the Union or establish any new power or task for the Union, or
modify powers and tasks defined in the other Parts of the Constitution.
ARTICLE II-112
Scope and interpretation of rights and principles
1. Any limitation on the exercise of the rights and freedoms recognised by this
Charter must be provided for by law and respect the essence of those rights
and freedoms. Subject to the principle of proportionality, limitations may be
made only if they are necessary and genuinely meet objectives of general interest
recognised by the Union or the need to protect the rights and freedoms of others.
2. Rights recognised by this Charter for which provision is made in other Parts of the Constitution shall be exercised under the conditions and within the limits defined by these relevant Parts.
3. Insofar as this Charter contains rights which correspond to rights guaranteed
by the Convention for the Protection of Human Rights and Fundamental Freedoms,
the meaning and scope of those rights shall be the same as those laid down by
the said Convention. This provision shall not prevent Union law providing more
extensive protection.
4. Insofar as this Charter recognises fundamental rights as they result from
the constitutional traditions common to the Member States, those rights shall
be interpreted in harmony with those traditions.
5. The provisions of this Charter which contain principles may be implemented
by legislative and executive acts taken by institutions, bodies, offices and
agencies of the Union, and by acts of Member States when they are implementing
Union law, in the exercise of their respective powers.
They shall be judicially cognisable only in the interpretation of such acts and in the ruling on their legality.
6. Full account shall be taken of national laws and practices as specified in
this Charter.
7. The explanations drawn up as a way of providing guidance in the interpretation
of the Charter of Fundamental Rights shall be given due regard by the courts
of the Union and of the Member States.
ARTICLE II-113
Level of protection
Nothing in this Charter shall be interpreted as restricting or adversely affecting human rights and fundamental freedoms as recognised, in their respective fields of application, by Union law and international law and by international agreements to which the Union or all the Member States are party, including the European Convention for the Protection of Human Rights and Fundamental Freedoms, and by the Member States' constitutions.
ARTICLE II-114
Prohibition of abuse of rights
Nothing in this Charter shall be interpreted as implying any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms recognised in this Charter or at their limitation to a greater extent than is provided for herein.