Introduction

The European Union's Charter of Fundamental Rights proclaimed at the summit held at Nice on 7 December 2000 became Part II of the proposed Treaty Establishing a Constitution for Europe. Under the proposed Reform Treaty of Lisbon, it is to have the same legal status as the Treaties.

The EU Charter includes provisions which are at the heart of labour law and industrial relations in Europe. The EU Charter will have an impact not only on the EU's institutions, but perhaps even more, on the Member States, also bound by the Charter through the doctrine of supremacy of EU law. The inclusion of fundamental rights concerning individual employment and collective industrial relations in an EU Charter may well confer on them a constitutional status within national legal orders. In some cases, the EU Charter's labour standards and industrial relations requirements may exceed those of some Member State laws. The European Court of Justice may adopt interpretations consistent with international labour standards, where again national labour laws may fall short. In sum, the EU Charter promises a renewal of labour law, both at European transnational level and within the Member States of the EU.

The role of the ECJ in enforcement of the EU Charter

The European Court of Justice becomes a central player in the enforcement of the EU Charter. The Court will decide disputes where Member States are charged with failing to implement, or allegedly violating rights in the EU Charter.