## Facts

- The Court of Justice of the European Union (CJEU) was asked to determine the circumstances in which the EU Charter of Fundamental Rights applies to actions taken by Member States.
- The case concerned whether certain national measures by Member States came within the Charter's scope due to their relationship with EU law.
- Consideration was given to both functional and legal connections between national actions and obligations arising under EU law.
- A principal question was how to define the “scope of EU law” for the purpose of triggering Charter protections.

## Issues

1. Does the EU Charter of Fundamental Rights apply when Member States enact or enforce measures that are connected to EU law?
2. What criteria determine when a national action constitutes "implementation of EU law" for the Charter’s application?
3. How does the definition of "implementation" affect the consistent protection of fundamental rights within the EU?

## Decision

- The CJEU held that the Charter applies whenever a Member State is implementing EU law, adopting a broad, functional interpretation of "implementation".
- "Implementation" includes actions aimed at achieving the objectives of EU law or those necessary for the proper functioning of the EU legal order.
- Member States are required to secure Charter rights when transposing EU rules or fulfilling EU obligations via national measures.
- Member States cannot rely on technical formalities regarding method of implementation to avoid Charter obligations.

## Legal Principles

- The Charter of Fundamental Rights applies where there is a substantive and functional link between national measures and EU law.
- "Implementation" is determined by the objective and purpose of the national measure in relation to EU legal obligations, and not purely by formal legal transposition.
- National laws that fall within the scope of EU law must comply with Charter protections.
- The effectiveness of EU law prevents Member States from circumventing Charter requirements.
- Not detailed in the provided draft regarding additional case law references.

## Conclusion

The CJEU affirmed that Member States are obliged to apply the EU Charter of Fundamental Rights whenever they implement or enforce national measures within the scope of EU law, thereby guaranteeing uniform and effective protection of fundamental rights across the European Union.


Åklagaren v Hans Åkerberg Fransson (Case C-617/10) [2013] ECR I-0000