The Charter of Fundamental Rights of the European Union is one of the key legal instruments of the European Union, codifying and consolidating the fundamental rights and freedoms recognised within the EU legal order. The Charter was solemnly proclaimed on 7 December 2000 in Nice by the European Parliament, the Council of the European Union and the European Commission. At the time of its adoption, the Charter had primarily political significance and was not legally binding.

The situation changed with the entry into force of the Treaty of Lisbon on 1 December 2009. Pursuant to Article 6 of the Treaty on European Union, the Charter acquired the same legal value as the founding Treaties of the European Union. Since then, it has formed part of EU primary law and has become binding on the institutions, bodies, offices and agencies of the Union, as well as on Member States when implementing EU law.

Structurally, the Charter consists of a Preamble and 54 Articles grouped into six thematic titles: Dignity; Freedoms; Equality; Solidarity; Citizens’ Rights; Justice.

Unlike many international human rights instruments, the Charter encompasses not only traditional civil and political rights but also a broad range of social, labour and economic rights. In particular, it guarantees the right to fair and just working conditions, protection against unjustified dismissal, the right to collective bargaining and collective action, the right to the protection of personal data, the right to good administration, and other rights of particular importance within the contemporary European legal order.

It is important to distinguish between the EU Charter and the 1950 European Convention on Human Rights. Although both instruments are aimed at the protection of human rights, they operate within different legal systems. The Convention is an international treaty of the Council of Europe and applies to all Contracting States, including Ukraine. By contrast, the Charter is a source of European Union law and applies primarily within the EU legal order.

At the same time, there is a close relationship between these two instruments. Pursuant to Article 52 of the Charter, rights corresponding to those guaranteed by the Convention must be interpreted in accordance with the meaning and scope of protection established by the case law of the European Court of Human Rights. As a result, a comprehensive system of human rights protection is gradually emerging within the European legal space, where the standards of the Council of Europe and those of the European Union complement one another.

It is important for Ukrainian legal practitioners to understand that the Charter is not an international treaty to which Ukraine is a party and therefore does not form part of the national legal system pursuant to Article 9 of the Constitution of Ukraine. Nevertheless, its provisions may be used as a source of persuasive authority, particularly in cases involving the application of European Union law, the fulfilment of Ukraine’s obligations in the field of European integration, or the interpretation of human rights in accordance with European standards.

Is the EU Charter a Source of Law for Ukrainian Courts?

The answer to this question requires a distinction between the formal and practical significance of the Charter within the Ukrainian legal system.

From a formal legal perspective, the Charter of Fundamental Rights of the European Union is not a source of Ukrainian law. Unlike the European Convention on Human Rights, which has been ratified by Ukraine and forms part of national legislation pursuant to Article 9 of the Constitution of Ukraine, the Charter is not an international treaty to which Ukraine is a party.

Moreover, Ukraine is not currently a Member State of the European Union and is therefore not subject to the obligation of direct application of the Charter that applies to Member States when implementing EU law. Accordingly, Ukrainian courts cannot apply the Charter as a directly binding legal instrument and are not required to review national legislation for compliance with its provisions.

However, this does not mean that the Charter is irrelevant to Ukrainian judicial practice. Ukraine officially obtained candidate status for membership of the European Union on 23 June 2022. Since then, the accession process has advanced considerably. In June 2026, the European Union formally opened accession negotiations with Ukraine, launching discussions under the first negotiating cluster.

The Charter forms part of the EU acquis, and upon Ukraine’s accession to the European Union, EU law will become an integral part of the national legal system and will be binding on Ukrainian courts and public authorities. In this context, the Charter may already be used by courts and lawyers as an additional interpretative tool in cases concerning the protection of fundamental rights, non-discrimination, labour and social rights, data protection, the right to an effective remedy and a fair trial, implementation of the EU–Ukraine Association Agreement, and interpretation of national legislation in accordance with European standards.

In practice, one may observe the gradual emergence of the Charter as an auxiliary interpretative instrument. Although such use does not create a legal obligation for courts to apply its provisions, it may strengthen judicial reasoning by reference to contemporary human rights standards developed within the European Union legal order.

For this reason, the key issue for Ukrainian judges and lawyers is not the formal binding force of the Charter but rather the practical possibilities of relying on its provisions in national judicial proceedings.

Practice of Ukrainian Courts

Ukrainian courts are gradually referring to the Charter as an additional source of legal reasoning. Such references most frequently arise in cases concerning access to justice, the right to a fair trial and the right to an effective remedy.

Analysis of judicial practice demonstrates that Article 47 of the Charter, which guarantees the right to an effective remedy and to a fair trial, is among the most frequently cited provisions. Courts generally refer to this provision in conjunction with Articles 6 and 13 of the European Convention on Human Rights.

For example, in its judgment of 26 May 2026 in case No. 259/5196/13-ц, the Dnipro Court of Appeal, when defining the content of the right of access to justice, stated:

“Access to justice encompasses a number of human rights, namely the right to a fair trial under Article 6 of the ECHR and Article 47 of the EU Charter of Fundamental Rights, as well as the right to an effective remedy under Article 13 of the ECHR and Article 47 of the Charter.”

This is one of the most frequently repeated formulations in Ukrainian judicial practice. Courts also emphasise that the right of access to justice imposes an obligation on the State to ensure that every individual has a genuine opportunity to apply to a court for the protection of his or her rights and interests. In such cases, Article 47 of the Charter is used to reinforce common European standards of judicial protection alongside the case law of the European Court of Human Rights.

Thus, although references to the Charter in Ukrainian courts remain largely supplementary in nature, they demonstrate a gradual acceptance of EU legal standards and their use in interpreting fundamental rights within the context of Ukraine’s European integration process.

Challenges and Prospects for the Application of the EU Charter of Fundamental Rights in Ukraine

The accession negotiations between Ukraine and the European Union, together with the gradual implementation of the EU acquis, objectively increase the importance of the Charter as a reference point for the development of national legislation and judicial practice.

At the same time, the application of the Charter in Ukraine faces several challenges. The principal challenge remains the absence of direct legal effect of the Charter within the Ukrainian legal order and, consequently, the lack of established mechanisms for its use in national judicial proceedings. Additional obstacles include limited familiarity among legal practitioners with the Charter and the case law of the Court of Justice of the European Union, as well as difficulties in determining the precise scope of its application.

Nevertheless, the prospects for the Charter’s use in Ukraine are significant. The Charter may serve as an important guide for the development of legislation, judicial practice and human rights protection. A further priority is enhancing the awareness of judges, lawyers and prosecutors regarding the content of the Charter and the jurisprudence of the Court of Justice of the European Union.

Link to the Ukrainian version https://tinyurl.com/3jk6f3fz