This contribution, starting from the judgment of the Court of Justice Florescu, deals with the topic of the field of application of the Charter of Fundamental Rights, whose provisions, according to Article 51, are addressed to the Member States only when they are implementing ‘Union law’. The recalled decision reinforces the argument that this expression only refers to the binding acts of the Union. In addition, the interpretation is also confirmed that, whenever Union law is being implemented, domestic law shall take into account and respect all the principles and rights contained in the Charter which have a connection with the subject matter of the EU legislation to be transposed. Finally, this contribution reminds that also the institutions, bodies, offices and agencies of the Union shall respect the rights, observe the principles and promote the application thereof in accordance with the powers of the Union as conferred on it in the Treaties. This applies both to the institutions, bodies, offices and agencies involved in the production of EU law and to those that take part in the wider decision-making process. In this way the provisions contained in both binding and non-binding secondary acts cannot be in conflict with the rights and principles protected by the Charter.
Keywords: Charter of fundamental rights; Field of application; European Union law; Domestic law; Binding and non-binding sources of the law.