Annexes to COM(2020)711 - Strategy to strengthen the application of the Charter of Fundamental Rights in the EU - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2020)711 - Strategy to strengthen the application of the Charter of Fundamental Rights in the EU. |
|---|---|
| document | COM(2020)711  |
| date | December 2, 2020 |
The Commission will further insist that countries seeking to join the EU (‘enlargement countries’) align with EU fundamental rights protection standards. The Commission will provide support and technical assistance to enlargement countries 96 and monitor progress through the annual enlargement package of country reports. Candidate countries and countries with which a stabilisation and association agreement has been concluded can ask to participate in the work of the EU Agency for Fundamental Rights as observers in order to ease their gradual alignment with EU law 97 .
üThe Commission will:
- Support the development of an e-learning tool on the Charter open to all;
- Update its 2011 guidance for its staff on applying the Charter in impact assessments and disseminate it as a source of information for policy makers at national and local level;
- Develop an equality mainstreaming toolbox and a training plan for all staff to ensure that equality considerations are a part of all Commission initiatives.
3.2 Developing the Charter mainstreaming throughout the ‘European’ legislative process
It is essential for the effective application of the Charter by the EU that the European Parliament and the Council focus on Charter compliance in the legislative process. The Commission stands ready to support them. Compliance with the Charter is a key element for the sustainability of EU legislation 98 .
In 2015 the Council published guidance on fundamental rights compliance checks 99 , which should be shared and explained regularly 100 . The Council’s Working Party on Fundamental Rights, Citizens' Rights and Free Movement of Persons (FREMP) plays an instrumental role in this respect. The European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) may submit opinions on the compliance of a legislative act with fundamental rights 101 . Under the interinstitutional agreement on better law-making, the European Parliament and the Council can carry out impact assessments on their substantial amendments to a Commission’s proposal. It provides that impact assessments should address fundamental rights issues 102 .
There are several recent examples of Charter mainstreaming in EU laws and many more can be found in the Commission’s annual reports 103 . The European Accessibility Act 104 seeks to ensure that persons with disabilities benefit from measures that ensure their independence, social and occupational integration and participation in the life of the community. The Regulation on the European Border and Coast Guard 105 makes fundamental rights an overarching part in the implementation of the European integrated border management.
üThe Commission invites the European Parliament and the Council to use the tools
at their disposal to ensure that the Charter is applied effectively in their work. The Commission stands ready to support them.
4 - Strengthening peoples’ awareness of their rights under the Charter
A recent Eurobarometer on Charter awareness shows that only 42% of respondents have heard about the Charter and only 12% really know what it is.
Six out of ten respondents want to know more about their rights and where to turn to if their Charter rights are violated 106 .
Most (80%) civil society organisations report that people turn to them for information about their rights and an even higher proportion (85%) that they carry out awareness raising activities about rights 107 . Local authorities are also well placed to raise awareness about people's rights and about what people can do if their rights are breached 108 .The relevance of explaining rights and what they mean for people, through real life stories, is essential 109 .
The FRA’s 2021 Forum on fundamental rights 110 is an opportunity to raise awareness on the Charter of fundamental rights and reflect on how to further develop a culture of values in the EU. The Conference on the Future of Europe will offer people the opportunity to discuss fundamental rights and EU values that are central to our Union and its future.
The Commission will work on an awareness raising campaign, aimed at better informing people about their Charter rights and where to turn when their rights are breached. It will be accessible to people with disabilities.
The Commission will also step up efforts to better communicate Charter rights to young people, making the best use of the Erasmus+ programme. It will in particular refer to information on the Charter in the Erasmus+ student Charter, which reaches all Erasmus+ students; include ‘fundamental rights’ as a key priority in the Jean Monnet action for Higher Education; encourage Higher Education Institutions to offer training or online courses on European civic engagement and promote the Charter of Fundamental Rights; and develop online resource for school teachers to raise awareness of fundamental rights in classrooms. It will engage with young people on fundamental values and global citizenship issues, including Sustainable Development Goals, through its development education and awareness raising programme (DEAR) 111 . In its upcoming strategy on the rights of the child, the Commission will also explore ways to communicate in a child-friendly way on children’s rights.
üThe Commission will:
- Launch an information campaign to raise people’s awareness of their Charter rights and how to use them, giving specific examples and cooperating with actors on the ground;
- Develop young people’s awareness of their Charter rights through the Erasmus+ programme;
- Raise children’s awareness of their rights as an outcome of its forthcoming strategy on the rights of the child.
üThe Commission invites Member States to develop initiatives to promote people’s awareness of their Charter rights and of where to turn when their rights are breached, in particular by empowering local actors 112 .
Conclusion
The binding nature of the Charter has enabled the EU legal order to develop into a beacon of fundamental rights protection. It has turned out to be the embodiment of what EU rights and values mean - a symbol of European identity. It has led to a more coherent and comprehensive interpretation of fundamental rights across the EU.
EU institutions, Member States and the various actors in the Charter’s enforcement chain have a duty to ensure that the Charter becomes a living instrument, protecting fundamental rights in Europe for the benefit of all.
The Commission will present an annual report on the application of the Charter, which should form the basis for an inter-institutional discussion. In 2025, the Commission will also report on the implementation of this strategy. In 2030, the Commission will launch a stock-taking exercise in cooperation with the key actors for the Charter’s enforcement to evaluate progress in awareness and use of the Charter.
Given Member States’ key role in the implementation of this strategy, the Commission invites the Council to prepare follow-up conclusions.
(1)
Article 6 (1) of the Treaty on European Union. In addition, Article 6 (3) reaffirms that fundamental rights as guaranteed by the European Convention on Human Rights and as they result from the constitutional traditions common to the Member States are general principles of EU law.
(2)
OJ C326, 26.10.2012, p.391. The Charter is an instrument of primary EU law that enshrines the fundamental rights people enjoy in the EU. It is a modern and comprehensive instrument protecting and promoting people’s rights and freedoms in the light of changes in society, social progress and scientific and technological developments.
(3)
Article 2 of the Treaty on European Union: “The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail”.
(4)
COM(2010)573.
(5)
See the Commission’s annual reports on the application of the Charter: https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-rights/application-charter/annual-reports-application-charter_en
(6)
The Charter is currently invoked in about 10% of all preliminary ruling procedures. Cases in which the Court refers to the Charter increased from 27 in 2010 to 371 in 2019. See the EU Agency for Fundamental Rights report on fundamental rights 2020 (‘FRA fundamental rights report 2020’), focus section, p. 4: https://fra.europa.eu/en/publication/2020/fundamental-rights-report-2020
(7)
Koen Lenaerts, President of the Court, keynote speech at the conference ‘Making the Charter of Fundamental Rights a reality for all’ (‘Charter event’): https://ec.europa.eu/info/events/2019-conference-eu-charter-fundamental-rights-2019-nov-12_en
(8)
https://fra.europa.eu/en/about-fra
(9)
Focus section of the Commission’s 2019 report on the application of the Charter, COM(2019)257.
(10)
Such as freedom of movement, freedom of assembly and freedom of religion, freedom to conduct a business, the right to data protection or freedom of expression. These challenges in the COVID-19 context have also affected the conduct of free and fair elections and an open democratic debate. The Commission is working with the Member States to exchange experience and practices in this area.
(11)
Which includes climate action, environmental protection (provided in Article 37 of the Charter) and the objectives of the just transition, as reflected further by the European Green Deal Communication, COM(2019)640.
(12)
Joint Research Centre (JRC) report on the influence of online media on citizens’ behaviour: https://ec.europa.eu/jrc/en/publication/eur-scientific-and-technical-research-reports/technology-and-democracy
(13)
Such as older people (see Council Conclusions of 9 October 2020: https://data.consilium.europa.eu/doc/document/ST-11717-2020-REV-2/en/pdf ) and people with disabilities.
(14)
See Rapporteur Šimečka’s Legislative report on the establishment of an EU mechanism to protect democracy, the rule of law and fundamental rights, 2020/2072(INL). See also the European Parliament’s resolution of 26 November 2020 on the situation of Fundamental Rights in the European Union - Annual Report for the years 2018 -- 2019 (2019/2199(INI)).
(15)
Council Conclusions on the Charter of Fundamental rights after 10 years: State of play and future work, 7 December 2019 (‘Council Charter Conclusions’). They followed the Commission’s 2019 report on the application of the Charter, op.cit.
(16)
A consultation was organised through the Council working group for Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP) between April and May 2020.
(17)
Reference to local authorities is to be understood as covering also regional authorities.
(18)
In this strategy rights defenders means independent authorities protecting rights such as national human rights institutions (NHRIs), equality bodies, Ombuds institutions, data protection authorities, etc. Since this strategy does not focus on specific rights but looks at how to boost the application of the Charter as a whole, focus will mainly be laid on authorities with a broad fundamental rights mandate such as NHRIs.
(19)
Special Eurobarometer 487b.
(20)
The Commission consulted stakeholders through a dedicated Charter event: https://ec.europa.eu/info/events/2019-conference-eu-charter-fundamental-rights-2019-nov-12_en and targeted questionnaires, the outcomes of which were analysed by FRA (‘stakeholder consultations analysis’): https://ec.europa.eu/info/files/analysis-targeted-consultations-commissions-new-charter-strategy_en
(21)
COM(2020)790.
(22)
COM(2020)580.
(23)
The EU strategy on victims’ rights, COM(2020)258; The Commission proposal to amend the Aarhus regulation, COM(2020)642; and the Communication on access to justice in environmental matters, COM(2020)643.
(24)
The gender equality strategy, COM(2020)152; the Communication on a new ERA for research and innovation, COM(2020)628; the EU Roma strategic framework for equality, inclusion and participation, COM(2020)620 and the proposal for a Council Recommendation on Roma equality, inclusion and participation, COM(2020)621; the LGBTIQ equality strategy, COM(2020)698; and the forthcoming strategy on the rights of persons with disability, planned for 2021.
(25)
The EU anti-racism action plan 2020-2025, COM(2020)565; and the forthcoming strategy on combating antisemitism, planned for 2021.
(26)
The European Pillar of social rights: https://ec.europa.eu/commission/sites/beta-political/files/social-summit-european-pillar-social-rights-booklet_en.pdf . An action plan on the Pillar will be presented in 2021; and the Commission Communication on achieving the European Education Area by 2025 and the digital education action plan, COM(2020)624.
(27)
The investment protection and facilitation framework in the EU, planned for 2021.
(28)
The Commission’s EU citizenship Report 2020 ‘Empowering citizens and protecting their rights in challenging times’, to be adopted before the end of the year.
(29)
Strategy on the rights of the child and the European child guarantee, both planned for 2021.
(30)
Such as the European Social Charter and the UN Convention on the Rights of Persons with Disabilities (UNCRPD).
(31)
Article 21 of the Treaty on European Union.
(32)
https://data.consilium.europa.eu/doc/document/ST-12848-2020-INIT/en/pdf
(33)
JOIN(2020)17.
(34)
UN 2030 Agenda for Sustainable Development and its Sustainable Development Goals (SDGs): https://www.un.org/sustainabledevelopment/ . See also the Commission’s reflection paper on a sustainable Europe: https://ec.europa.eu/commission/sites/beta-political/files/rp_sustainable_europe_30-01_en_web.pdf
(35)
Article 51 (1). Judgment of 26 February 2013, Åkerberg Fransson, C-617/10, EU:C:2013:105.
(36)
Articles 5 (2) and 6 (1) of the Treaty on European Union and Article 51(2) of the Charter.
(37)
Koen Lenaerts, keynote speech at the Charter event, op. cit.
(38)
Article 47 of the Charter.
(39)
See, for instance, judgments of 16 May 2017, Berlioz, C-682/15, EU:C:2017:373; of 13 December 2017, El Hassani, C-403/16, EU:C:2017:960; of 19 November 2019, A.K, C-585/18, C-624/18 and C-625/18, EU:C:2019:982, and of 17 April 2018, Egenberger, C-414/16, EU:C:2018:257.
(40)
Article 17 of the Charter.
(41)
Judgement of 21 May 2019, Commission v. Hungary, C-235/17, EU:C:2019:432.
(42)
The Commission supports a network of national support centres (SOLVIT centres), which help Member States address problems of compliance with EU law. See Commission recommendation on the principles governing SOLVIT, C(2013)5869.
(43)
Such as in the context of the High-Level Group on combatting racism, xenophobia and other forms of intolerance, the High-level group on non-discrimination, the expert group on the rights of the child and the national Roma contact point’s network. See also initiatives on fair policing in the EU anti-racism action plan 2020-2025, section 2.2, op.cit.
(44)
Stakeholder consultations analysis, op.cit.
(45)
Council call in its Charter Conclusions, op.cit., paragraphs 14 and 15. The Commission will update its guidance and make it available (see point 3.1). See also FRA handbook on applying the Charter in law and policy making at national level: https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-charter-guidance_en.pdf
(46)
EU law is also implemented at local level, including the disbursement of EU funds. To better address the challenges they face, some cities declared themselves ‘human rights cities’ and build on human rights principles to guide local policymaking: https://humanrightscities.net/ . FRA is cooperating with cities, their networks, and partners such as the Council of Europe and the Office of the High Commissioner for Human Rights to develop a framework of commitments for human rights cities in the EU. The framework is to be released in 2021.
(47)
Following a call by the Council in its Charter Conclusions, op.cit., paragraph 18.
(48)
Council Charter Conclusions, op.cit., paragraph 12.
(49)
FRA fundamental rights report 2020, Charter focus section, opinion 1.1.
(50)
In line with its Communication ‘EU law: Better results through better application’, OJ C 18, 19.1.2017, p.10.
(51)
The Agency routinely collects information and data on the fundamental rights situation on the ground and annually publishes a report summarising key factual findings. The Agency recently launched a European Fundamental Rights Information System (EFRIS) bringing together data and information from existing human rights databases: https://fra.europa.eu/en/databases/efris/
(52)
Such as the High Level Group on combatting racism, xenophobia and other forms of intolerance, the High level group on non-discrimination, the expert group on the rights of the child and the national Roma contact point’s network.
(53)
COM(2018)375: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2018%3A375%3AFIN
(54)
The horizontal enabling condition ‘Effective application and implementation of the EU Charter of Fundamental Rights’ provided under Annex III of the CPR.
(55)
The European Regional Development Fund, the Cohesion Fund, the just Transition Fund, the European Social Fund Plus, the European Maritime and Fisheries Fund, the Asylum and Migration Fund, the Internal Security Fund and the Border Management and Visa Instrument. It is to be noted also that the Commission proposal on strategic plans to be drawn up by Member States under the Common agricultural policy (CAP strategic plans), COM(2018)392, recalls that Member States shall design the programmes supported by the CAP in compliance with the Charter. Member States shall ensure that the monitoring committee established to monitor the implementation of the CAP strategic plans includes representatives of bodies responsible for promoting social inclusion, fundamental rights, gender equality and non-discrimination.
(56)
COM(2018)375, Article 11 (6).
(57)
See Annex III of the CPR.
(58)
The monitoring committees, in which the Commission participates in an advisory capacity, are established in the Member States to oversee the implementation of the programmes.
(59)
As required under Articles 6 and 34 of the CPR.
(60)
See point 2.1 below.
(61)
C/2016/4384, OJ C 269, 23.7.2016, p. 1–19: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52016XC0723(01)
(62)
It is for the Member States to decide if this role should be given to the Charter focal point referred to in section 1.1.
(63)
Commission rule of law report 2020, op.cit. See also FRA Report "Challenges facing civil society organizations working on human rights in the EU": https://fra.europa.eu/en/publication/2018/challenges-facing-civil-society-organisations-working-human-rights-eu .
(64)
Judgment of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476.
(65)
Ibid. paragraph 133.
(66)
The Commission will propose measures to improve the safety of journalists and to protect them and civil society against SLAPPs, in the framework of the European Democracy Action Plan. As announced in its work programme for next year, the Commission will propose an initiative against abusive litigation targeting these actors end 2021.
(67)
FRA Report “Challenges facing civil society organisations working on human rights”, op.cit. See also Global Alliance of National Human Rights Institutions (GANHRI), SCA General Observations , 2018SCA General Observations, p. 1.
(68)
NIHRIs are state-mandated bodies, independent of governments, with a broad constitutional or legal mandate to protect and promote human rights.
(69)
https://ganhri.org/nhri/
(70)
Czechia, Italy, Malta.
(71)
Estonia - up for accreditation end 2020 - and Romania.
(72)
Austria, Belgium, Cyprus, Slovakia, Slovenia and Sweden.
(73)
https://nhri.ohchr.org/EN/AboutUs/Pages/ParisPrinciples.aspx . The Council of Europe is also preparing Recommendations on the development and strengthening of effective, pluralist and independent National Human Rights Institutions.
(74)
Being granted A-status means that the NHRI is fully compliant with the Paris principles, which are the international standards for NHRIs to promote and protect fundamental rights effectively and in an independent manner.
(75)
COM(2020)580. The Council, in its Charter Conclusions of 2019, recalled that ‘independent national human rights institutions […] play a crucial role in the protection and promotion of fundamental rights and ensuring compliance with the Charter.’, op.cit., paragraph 22.
(76)
Feasibility Study for financial support for litigating cases relating to violations of democracy, rule of law and fundamental rights, 28.08.2020: https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-rights/application-charter/studies-related-charter_en
(77)
“Targeted group training should be a priority. Staff from national equality bodies should be targeted for transnational training on the use of the Charter.[…] Targeted group training should be followed by horizontal training at the national level that brings together relevant actors that previously received the targeted group training to identify interconnections and construct synergies on the use of the Charter.” Equinet’s submission to the Commission’s Charter strategy, op. cit.
(78)
http://ennhri.org/wp-content/uploads/2019/11/Implementation-of-the-EU-Charter-of-Fundamental-Rights-Activities-of-NHRIs.pdf . See also Poland’s best practice, stakeholder consultation analysis, page 15.
(79)
https://fra.europa.eu/en/eu-charter . See also FRA fundamental rights report 2020.
(80)
Between 2009 and 2019, national courts sent the Court 5038 requests for preliminary rulings. Of them, 576 (over 11 %) contained questions related to the Charter. See FRA fundamental rights report 2020.
(81)
Stakeholder consultations analysis, op. cit.; Commission 2019 Charter Report, op. cit; FRA Fundamental Rights Report 2020; FRA Opinion- 4/2018 of 24 September 2018: https://fra.europa.eu/sites/default/files/fra_uploads/fra-opinion-04-2018_charter-implementation.pdf
(82)
The European Judicial Training Network, supported by the EU’s Justice programme, organises exchanges between national and European courts: http://www.ejtn.eu/Exchange-Programme/
(83)
COM(2020)713.
(84)
https://fra.europa.eu/en/publication/2018/applying-charter-fundamental-rights-european-union-law-and-policymaking-national . All Charter related information will be made available on a Charter web space: https://fra.europa.eu/en/eu-charter
(85)
Commission rule of law report 2020, op.cit.
(86)
See Commission Communication on digitalisation of justice in the EU, COM(2020)710.
(87)
https://e-justice.europa.eu/content_european_training_platform-37158-en.do
(88)
Judgment of 20 September 2016, Ledra Advertising v Commission and ECB, C-8-10/15 P and C-10/15, EU:C:2016:701.
(89)
Judgement of 18 July 2013, Commission and Others v Kadi, C-584/10 P and C‑595/10 P, EU:C:2013:518.
(90)
2011 Commission operational guidance on taking account of fundamental rights in impact assessments and the 2015 better regulation package, which makes Charter mainstreaming an integral part of the impact assessment (Tool 28).
(91)
Adopted in February 2020: https://ec.europa.eu/info/publications/communication-shaping-europes-digital-future_en
(92)
White Paper on artificial intelligence: a European approach to excellence and trust, COM(2020)65.
(93)
Consultations are launched to inform Commission initiatives under its Better Regulation rules. See https://ec.europa.eu/info/law/better-regulation/have-your-say and https://ec.europa.eu/info/consultations_en . The Commission also draws on the data provided by the EU Agency for Fundamental Rights, rights defenders such as NHRIs and equality bodies and information collected by international organisations such as the Council of Europe, the United Nations and the Office for Democratic Institutions and Human Rights of the Organisation for Security and Cooperation in Europe.
(94)
https://data.consilium.europa.eu/doc/document/ST-12848-2020-INIT/en/pdf
(95)
2015 Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives.
(96)
The Instrument for Pre-Accession assistance (IPA) 2021-2027 will further support reforms to comply with EU values and fundamental rights and to progressively align to the EU's rules, standards and policies.
(97)
The procedure is described in Article 28 of the FRA’s founding regulation n°168/2007, OJ L 53, 27.2.2007, p. 1.
(98)
EU legislation that does not comply with the Charter can be legally challenged.
(99)
Council guidelines on fundamental rights compliance check, Doc. 5377/15 of 20 January 2015.
(100)
In its Charter Conclusions (op.cit.) the Council reaffirmed “its commitment to take into account the guidance on the application of the Charter, including the guidelines on methodological steps to be taken to check fundamental-rights compatibility at the Council preparatory bodies, and it expresses its readiness to explore ways to make more efficient use of that guidance in Council preparatory bodies, including through training” (paragraph 10). The permanent representation of Finland organised, in cooperation with the Council Secretariat and the FRA, a training course on the application of the Charter open to all staff and recommended it to all working party chairs of the incoming Presidency.
(101)
European Parliament’s rules of procedure – Rule 39.
(102)
OJ L 123, 12.5.2016, p. 12- 15.
(103)
https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-rights/application-charter/annual-reports-application-charter_en
(104)
Directive 2019/882.
(105)
Regulation 2019/1896, OJ L 295, 14.11.2019, p. 1. A fundamental rights strategy and action plan will be developed to frame the European Border and Coast Guard Agency’s (Frontex) obligation to comply with the Charter. A Fundamental Rights Officer was nominated to contribute to the strategy and monitor its implementation. Fundamental rights monitors will be recruited to assess the fundamental rights compliance of the Agency’s operational activities. FRA supports Frontex in training the fundamental rights monitors.
(106)
Special Eurobarometer 487b.
(107)
Stakeholder consultations analysis, p. 31.
(108)
14 out of 22 local authorities that responded to the targeted consultations say they raise awareness about rights, stakeholder consultations analysis, p. 42.
(109)
See also FRA (2020) “What do fundamental rights mean for people in the EU”, page 48: “To make informed decisions, people should have access to information about their rights as well as accessible procedures for making applications and complaints”.
(110)
https://fra.europa.eu/en/event/2020/fundamental-rights-forum-2021
(111)
COM(2018)5446: www.dearprogramme.eu
(112)
See the Council’s Charter conclusions, op.cit., paragraph 14.