Freedom of association is guaranteed at the European level in article 12 of the Charter of Fundamental Rights of the European Union. This article ensures everyone the right to freedom of peaceful assembly and freedom of association at all levels. Paragraph 2 of this article also states that political parties at the Union level contribute to expressing the political will of the citizens of the Union.

The right to freedom of association guaranteed in article 12 of the Charter of Fundamental Rights of the European Union is essentially the same as the right ensured in article 11 of the European Convention on Human Rights. A difference is, however, that article 12 of the EU Charter gives the right to freedom of association a European dimension when it ensures the right "at all levels".

The Charter of Fundamental Rights of the European Union is the first single text that covers both civil, political, economic and social rights of European citizens and all persons resident in the EU. The fundamental rights in the Charter are based on the rights recognized in the constitutions of the EU Member States, in the European Convention on Human Rights, the Council of Europe's Social Charter, the Community Charter of Fundamental Social Rights of Workers, as well as in other international instruments that the Member States of the EU are parties to. The Charter of Fundamental Rights of the European Union entered into force in December 2000.

The Community Charter of the Social Fundamental Rights of Workers, adopted in 1989, also ensures the freedom of association. Paragraph 11 of this Charter states "Employers and workers of the European Community shall have the right of association in order to constitute professional organizations or trade unions of their choice for the defense of their economic and social interests. Every employer and every worker shall have the freedom to join or not to join such organizations without any personal or occupational damage being thereby suffered him."

The Court of Justice of the European Communities has discussed the right to freedom of association in several court cases. In the case "Union royale belge des sociétés de football association ASBL v Jean-Marc Bosman and others (Case C-415/93) " the issue was whether or not existing transfer regulations for European soccer players were in breach of European Union law, and the question of freedom of association was discussed in articles 79 and 80 of the judgement. In another case, Martinez and others v. Parliament (joined Cases T-222/99, T-327/99 and T-329/99), the court found that restrictions for legitimate reasons may be imposed on the exercise of freedom of association, provided that those restrictions do not constitute a disproportionate and unreasonable interference undermining the very substance of that right (article 232 of the judgement).

Analysis provided by Maria Bideke, International lawyer and Director of Law Association Justice International.