[rsj_hn]

Look at the promises made to Poland:

1. https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CEL...

"To the extent that a provision of the Charter refers to national laws and practices, it shall only apply to Poland or the United Kingdom to the extent that the rights or principles that it contains are recognised in the law or practices of Poland or of the United Kingdom."

" 1. The Charter does not extend the ability of the Court of Justice of the European Union, or any court or tribunal of Poland or of the United Kingdom, to find that the laws, regulations or administrative provisions, practices or action of Poland or of the United Kingdom are inconsistent with the fundamental rights, freedoms and principles that it reaffirms."

"In particular, and for the avoidance of doubt, nothing in Title IV of the Charter creates justiciable rights applicable to Poland or the United Kingdom except in so far as Poland or the United Kingdom has provided for such rights in its national law."

[pavlov]

“Charter” referred here is a separate document mentioned in Article 6 of the treaty:

The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties.

The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties.

So the Charter is about human rights, and as the treaty makes clear, doesn’t extend the competences of the Union. Poland and UK wanted to put a further point on this for some reason. It is not a carve-out from the treaty.