Abstract
The legal orders of the EU and Council of Europe (notably via the European Convention on Human Rights (ECHR)) have shaped the development of European Criminal Law over several decades. While both systems offer protection of fundamental rights, they are at different stages of evolution in human rights terms. On the EU’s part, an emphasis on fundamental rights was initially gradual, both judicially and legislatively. The role and prominence of fundamental rights in EU legislation and case law became more marked from the 1970s, with a swathe of non-discrimination case law directly impacting national laws on, for example, equal pay and sex-discrimination. Over time, as EU competences grew and reached deeper into what are traditionally regarded as constitutionally-sensitive policy areas (including security, asylum and immigration, criminal justice), the associated growth of EU fundamental rights law accelerated. Since the entry into force of the EU Charter of Fundamental Rights (‘Charter’ or ‘CFR’) in 2009, the Court of Justice has taken numerous opportunities to interpret and apply its provisions.