Author: Matthew McKenna, PhD Researcher at Maynooth University’s Assisting Living and Learning (ALL) Institute, Research Funded through the Science Foundation of Ireland (SFI) Centre for Research Training in Advanced Networks for Sustainable Societies (ADVANCE CRT)
As 2025 draws to a close, we celebrate the 25th anniversary of the Charter of Fundamental Rights (Charter) of the European Union (EU), proclaimed on December 7th 2000, by the European Parliament, the Council and the European Commission. Nevertheless, a quarter of a century later it feels as though the world is, in many ways, unrecognisably different to that which existed at the dawn of the twenty-first century. During the period encompassing the 1990s and 2000s, the EU underwent unprecedented enlargement. Accordingly, after 2000, it seemed as though the fundamental civil, political and social rights enshrined within the Charter would, inevitably, be extended throughout Europe over time, giving rise to a new era of peace, social justice and equality across the continent. However, in late 2025 things feel quite different and, despite the achievements of the Charter, storm clouds are visible on the horizon, threatening the universal values of human dignity, freedom, equality and solidarity. The principles of democracy and rule of law are increasingly tested in today’s Europe, making it clear that the fundamental rights of EU citizens and residents, affirmed and protected in EU law through the Charter, should not be taken for granted.
To this end, this blogpost briefly explores the journey of the Charter, from its drafting and subsequent proclamation to its entry into force with the Treaty of Lisbon in 2009, and considers its significance in EU law. It highlights the work of the Assisting Living and Learning (ALL) Institute at Maynooth University and underscores the relevance of the Charter to the projects underway in ALL, which seek to advance social justice, equality, accessibility and inclusion in society. By discussing the challenges facing the Charter and the continuity of its mission in the coming years, this blogpost argues that it is necessary for researchers and civil society to underline the critical importance of this cornerstone instrument of EU law and safeguard its future. In this vein, the late prominent civil rights movement figure, Judge Damon J. Keith, an American federal judge and descendant of slaves, wrote that “Democracies die behind closed doors”. Likewise, the hard-won fundamental civic, social and political rights of the Charter may not survive the winter of Western democracy unless they are steadfastly defended with rigour and zeal.
Prior to the drafting of the Charter, the EU’s fundamental rights were drawn from the constitutional traditions of Member States, the European Convention on Human Rights, and the case law of the Court of Justice of the European Union (CJEU), such as in Stauder v City of Ulm (1969) Case 29-69, which recognised human rights as forming a part of the general principles of EU law. In June 1999, the Cologne European Council decided that the fundamental rights applicable at an EU level should be consolidated in a charter to enhance their visibility. The Charter was drafted by the 1999 European Convention, and was proclaimed in Nice on 7th December 2000 by the leaders of the EU Institutions. It quickly became a persuasive instrument in EU soft law prior to its entry into force, especially after it nearly came into effect in the mid-2000s through the Treaty establishing a Constitution for Europe (TCE), though this compact ultimately remained unratified.
The Charter, during this period, has been described as soft law on steroids. As a result of the delay caused by the failure of the TCE, the Charter did not become legally binding until 1st December 2009 when the Lisbon Treaty, which modified the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) and replaced the TCE, came into effect. Article 6 (1) of the TEU provides that ‘[t]he Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union […], which shall have the same legal value as the Treaties’. Article 6 (3) enshrines fundamental rights as general principles of EU law. Since 2009, the Charter has been augmented through CJEU case law and now serves as a legal instrument for interpreting EU law and determining the legality of actions by the EU or its Member States.
Consequently, the protections afforded by the Charter have been clarified and strengthened through case law such as in Åklagaren v Hans Åkerberg Fransson (2013) Case C‑617/10, where the Court ruled that the Charter does apply when national measures fall within the scope of EU law, and that doing so does not violate the principle of national legal autonomy. Indeed, the EU Agency for Fundamental Rights explains that “At EU level, it has gained visibility and sparked a new fundamental rights culture”. Moreover, the European Commission publishes annual reports on the application of the Charter throughout the EU as a key pillar of EU law.
The Charter reflects modern social diversity in the EU where a quarter of the population, or 107 million people, have a disability, and 21.6% of the population are over the age of 65. Accordingly, it also seeks to protect and enhance the rights and dignity of people with disabilities, as well as those in later life. Article 21 of the Charter on ‘Non-Discrimination’ prohibits age-based discrimination, whilst Article 25 addresses ‘The Rights of the Elderly’ and establishes that “The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life”. Article 26 on the ‘Integration of persons with disabilities’, declares that, “The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community”. Moreover, the Charter aims to protect marginalised persons, enhance social justice and promote gender equality through Article 14 on the ‘Right to education’, and Article 23 on ‘Equality between women and men’.
In this respect, the values of the Charter speak directly to the work of the ALL Institute and its multitude of cutting-edge research projects spanning the fields of inclusive education, disability rights, assistive technology, global health and ageing, among others. ALL’s mission statement echoes the values of the Charter, emphasising that, “ALL’s activities aim to enable people across their life course – especially those who have been marginalized – to achieve well-being and fully participate in society”. As such, at a time when tangible threats to democracy and the rule of law in the EU seem to be multiplying, the principles of the Charter, embodied within the work of the ALL Institute and similar organisations, and in civil society and active civic engagement, are more important than ever. While EU budgetary resources are increasingly committed to security and defence at the expense of welfare structures, it is up to the research community and civil society to highlight, protect and advance the fundamental rights of EU citizens and residents, especially those who are marginalised and socially disadvantaged.
In 2025, just as in 1925, we are reminded that there is no ‘end of history’, and that our rights and freedoms, enshrined in the Charter, can no longer be taken for granted. It is of vital importance to raise public awareness of the Charter at a national level, and throughout the EU, as knowledge of these rights remains varied among Member States and is generally low. As democratic traditions come under tremendous pressure in the West from internal and external forces, it is no exaggeration to say that the challenge this poses to the EU, and the Charter as a mainstay of EU law, is existential. Thus, while marking five years since the beginning of the Ideas in ALL Blog, we also use this occasion to celebrate 25 years of the Charter and remind ourselves that the universal values of human dignity, freedom, equality and solidarity upon which the EU is founded, which speak to the mission of ALL, must be protected, defended and reinforced. As our democratic institutions face unprecedented challenges, we must recall Judge Damon J. Keith and his words of warning. The Charter, and the fundamental rights all persons regardless of age, disability, origin or status, represent everything we must protect.
