Charter of Fundamental Rights of the European Union Sample Clauses

Charter of Fundamental Rights of the European Union. The Charter of Fundamental Rights (CFR)of the European Union (2012/C 326/02) brings together in a single document the fundamental rights protected in the EU. The Charter contains rights and freedoms under six titles: Dignity, Freedoms, Equality, Solidarity, Citizens' Rights, and Justice. Proclaimed in 2000, the Charter has become legally binding on the EU with the entry into force of the Treaty of Lisbon, in December 2009. The rights of every individual within the EU were established at different times, in different ways and in different forms. For this reason, the EU decided to clarify things and to include them all in a single document which has been updated in the light of changes in society, social progress and scientific and technological developments. The Charter entrenches: • all the rights found in the case law of the Court of Justice of the EU; • the rights and freedoms enshrined in the European Convention on Human Rights; • other rights and principles resulting from the common constitutional traditions of EU countries • and other international instruments. The Charter sets out a series of individual rights and freedoms. The Charter is a very modern codification and includes 'third generation' fundamental rights, such as: • data protection; • guarantees on bioethics; and • transparent administration. Regarding the personal data protection, the articles 7 (respect for private and family life) and 8 (protection of personal data) of the Chapter state the following: • “everyone has the right to respect for his or her private and family life, home and communications”

Charter of Fundamental Rights of the European Union. The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and should take all measures necessary to ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

Charter of Fundamental Rights of the European Union. Finally, the penalties adopted should be appropriate to the nature and the overall actual or potential harm of the infringement of Union laws that protect consumers’ interests. The power to impose penalties is to be exercised either directly by competent authorities under their own authority, or, where appropriate, by recourse to other competent authorities or other public authorities, or by instructing designated bodies, if applicable, or by application to courts competent to grant the necessary decision, including, where appropriate, by appeal, if the application to grant the necessary decision is not successful.

Charter of Fundamental Rights of the European Union. In handling the complaints the Commission should take into account the relevance and substantiation of the complaint by prioritizing those complaints raising issues having particularly far-reaching negative impacts for citizens or the internal market. For a complaint to be considered substantiated the Commission should particularly check if the complaint manages to set out a grievance or if the grievance sets out an issue where the Commission has adopted a clear, public and consistent position which has been communicated to the complainant. The Commission should reply to the complainant without undue delay and efficiently transmit the complaints to the relevant Member States who should handle these complaints promptly and effectively in accordance with their legal frameworks and obligations.

Charter of Fundamental Rights of the European Union. The practical arrangements for the exercise of these other remedies, however, should not dispropor- tionately affect the right to an effective remedy before the court. Although this case concerns the right to an effective judicial remedy as guaranteed by the Charter of Fundamental Rights in the context of the Data Protection Directive, Article 78 of the GDPR does not indicate that such a limitation is no longer allowed. The right to appeal the decision of a supervi- sory authority through a court is also granted by Article 28(3) of the Data Protection Directive.39 The GDPR does not fundamentally alter this right. It does strengthen the position of the data subject by providing more clarity about the types of deci- sions that can be appealed and the competence of the courts.