Scope and interpretation
of rights and principles
1. Any limitation on the
exercise of the rights and freedoms recognised by this Charter
must be provided for by law and respect the essence of those rights and freedoms.
Subject to the principle of proportionality, limitations may be made only if they are
necessary and genuinely meet objectives of general interest recognised by the Union or
the need to protect the rights and freedoms of others.
2. Rights recognised by
this Charter for which provision is made in other Parts of the
Constitution shall be exercised under the conditions and within the limits defined by
these relevant Parts.
3. Insofar as this Charter
contains rights which correspond to rights guaranteed by the
Convention for the Protection of Human Rights and Fundamental Freedoms, the
meaning and scope of those rights shall be the same as those laid down by the said
Convention. This provision shall not prevent Union law providing more extensive
protection.
4. Insofar as this Charter
recognises fundamental rights as they result from the
constitutional traditions common to the Member States, those rights shall be interpreted
in harmony with those traditions.
5. The provisions of this
Charter which contain principles may be implemented by
legislative and executive acts taken by institutions, bodies, offices and agencies of the
Union, and by acts of Member States when they are implementing Union law, in the
exercise of their respective powers. They shall be judicially cognisable only in the
interpretation of such acts and in the ruling on their legality.
6. Full account shall be
taken of national laws and practices as specified in this Charter.
7. The explanations drawn
up as a way of providing guidance in the interpretation of the
Charter of Fundamental Rights shall be given due regard by the courts of the Union and
of the Member States.