The fundamental rights of LGBT citizens in Europe – EU legislation and the Charter of Fundamental Rights

Outline - Overview of EU law having an effect on LGBT Rights - LGBT rights and the Charter of Fundamental Rights of the European Union

Non Discrimination - employment The Treaty on the Functioning of the European Union (TFEU - Article 19) allows the European Union to put in place legislation combatting discrimination against sexual orientation. Council Directive 2000/78 banning discrimination on the basis of sexual orientation in employment..

Non Discrimination - other areas 2008 European Commission proposal a directive on implementing the principle of equal treatment between persons irrespective of sexual orientation (amongst other discrimination grounds),

Family law Substantive family law – Member State Competence Current law EU law on judicial cooperation in family law having cross-border implications – Neutral – no distinction is made between couples, whether they are of the same sex or not. Two legislative proposals in 2011 covering Property effects of marriage and registered partnership; a) matrimonial property regimes: to implement rules for married couples; b) property consequences of registered partnerships: to implement rules for registered partnerships. Proposal 2013 simplifying the acceptance of certain public documents

Free movement and residence The right to free movement and residence of Union citizens and their family members constitutes one of the cornerstones of the EU. Directive 2004/38/EC (Free Movement Directive) provides for the right of entry and residence for Union citizens and their family members regardless of the recognition of same- sex marriages or partnerships.

Victim's Rights Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime - includes provision of protection to people who suffered crime because of their sexual orientation, gender identity or gender expression

Asylum Directive 2004/83/EC Asylum on Qualification explicitly refers to sexual orientation as a reason for persecution

LGBT rights and the Charter of Fundamental Rights of the European Union Article 21 of the Charter prohibits "Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation"

The Charter of Fundamental Rights of the European Union - applicability The Charter applies to the EU institutions and to Member states when applying EU law The Charter does not extend the competence of the EU to matters not included by the Treaties under its competence.

Charter of Fundamental Rights of the European Union – integration in the Legislative procedure Every proposal for EU law or policy initiative in that could have an impact on the right to equal treatment and non-discrimination has to undergo a ‘fundamental rights check'.

Charter of Fundamental Rights of the European Union - compliance Actions by the EU institutions that are not in conformity with fundamental rights - subject to review by the Court of Justice Actions by national authority that violates the Charter when implementing EU law – subject to review by national Courts as well as possibility for the Commission to initiate infringement procedures