Conclusions on applying the EU's Fundamental Rights Charter

Conclusions on applying the EU's Fundamental Rights Charter

Dear Minister Fitiris, dear Ministers, dear colleagues,

Thank you for the invitation to attend this session today, and to speak to the application of the EU Charter for Fundamental Rights. The Fundamental Rights Agency welcomes the Commission's report on the mid-term review of the EU Charter Strategy, which is very much in line with the Agency's own findings.

The entry into force of the Charter was a key moment in ensuring that the EU stays true to its fundamental rights commitments. However, evidence collected by FRA confirms that the role and impact of the Charter at national and subnational levels remains modest.

What can we do to better promote the added value of the Charter? I offer three suggestions, that are reflected in the Council Conclusions:

The first suggestion relates to capacity-building and awareness raising, which the Conclusions encourage. FRA is currently engaging with national authorities to illustrate the depth of FRA tools in this regard, including in national languages, that allow for full integration into national training activities. The conclusions refer explicitly to people with disabilities, children and older persons as groups that need particular attention. In this context, Member States may find it helpful that the Agency has just published a new article-by-article version of the Charter in International Sign Language. Furthermore, we are preparing a factsheet on how the Charter applies to children's rights.

My second point relates to fundamental rights impact assessments in law-making. The Council underscores the need for Member States, when transposing and implementing EU legislation into national law, to duly consider the Charter. Last year, FRA published a report on better lawmaking, which revealed that the Charter is rarely considered when national legislation is drafted and its impacts assessed. We believe that one reason for this is because the respective procedural guidelines explicitly refer to the Charter in only six Member States. Therefore, the risk is high that the Charter and its added value is often simply forgotten.

FRA's report also notes that fundamental rights impact assessments are not conducted systematically and thoroughly at EU level. This oversight can have problematic knock-on effects at national and subnational effects. We would encourage lawmakers at EU level to consult independent external fundamental rights experts, such as FRA, when assessing fundamental rights impact.

Finally, my third point is on the need to broaden the evidence base on the Charter's 'national and local life', which the Council Conclusions also emphasise. Currently, our understanding of the application, non-application, and potential violations of the Charter at the national level - let alone the local level - is limited due to insufficient information and data. The Commission will conduct a feasibility study on strengthening the monitoring of fundamental rights in its annual Charter reports. In this context, FRA is prepared to contribute by gathering objective and reliable data to identify areas where the Charter may not be adequately respected. I would also stress the importance of involving national human rights institutions as key actors - alongside the national administration - in the implementation chain.

To conclude: the Charter has had a significant impact on EU law and policy in the 25 years since its proclamation, grounding the Union in a set of rights and principles applicable across the continent. However, as the Council Conclusions note, further efforts are needed to ensure that fundamental rights are effectively protected and promoted across the EU. The Fundamental Rights Agency stands ready, alongside the institutions and Member States, to strengthen efforts in this regard.

Thank you.