Damages under the EU Charter of Fundamental Rights

There is nothing innovative in the EU Charter of Fundamental Rights from the perspective of damages. Unlike regional human rights instruments elsewhere, it contains no express provision obliging member governments to compensate those who suffer loss that is attributable to its breach. This paper considers the provisions of the Charter in the light of the concept of "individual rights" as it is understood in EU damages law, so that some preliminary conclusion can be drawn on the extent to which the Charter is amenable to satisfaction of this first hurdle for liability. It goes on to consider the Court's case law on "discretion" and "seriousness of breach" so that an assessment can be made of the types of Charter breach that might meet this second element. The paper also takes into account comparative material, and considers whether the case law of some of the world's leading federations might assist in developing principles grounded in EU law to broaden access to damages for breach of the Charter. The paper closes with an assessment of whether there is any scope for reflecting, in future damages case law, the position of fundamental rights as a cornerstone principle of Union constitutionalism, and opening up the conditions of liability, if only to quarantee compliance with the remedial standards required by Articles 6(1) and 13 of the ECHR. © 2011 ERA.