53Nevertheless, the margin of discretion afforded to the Member States must not be used by them in a manner which would undermine the objective of Directive 2003/86 or the effectiveness thereof. Moreover, as is apparent from recital 2 of that directive, it respects the fundamental rights and observes the principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’) (see, to that effect, judgment of 6 December 2012, O and Others, C‑356/11 and C‑357/11, EU:C:2012:776, paragraph 74 and 75).
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