Abstract
The article is devoted to the content of the constitutional principle of nullum tributum sine lege as contained in Article 11(5) of the Charter of Fundamental Rights and Freedoms. Although it is an important constitutional rule for the protection of the fundamental right to property, and one of the guiding principles of financial law, the content of what constitutes a fee is disputed.
The author describes how legal theory understands this rule and articulates the features that distinguish a (public law) fee from a (private law) charge.
The article then applies the theoretical conclusions to concrete examples of application practice. The article discusses the controversial issues, reflects on the practice of public authorities and analyses when it is (still) a private law payment and when it is already a fee within the meaning of Article 11(5) of the Charter. The author focuses in particular on the social right to (free) education and equal access to municipal housing.