Brussels, 19/10/2010 (Agence Europe) - On Tuesday, the European Commission announced it would not under any circumstances tolerate violation of the European Charter of Fundamental Rights by member states of the EU when transposing EU law into national legislation. The European executive has adopted a strategy aimed at ensuring effective application of the Charter, which has acquired binding value since entry into force of the Lisbon Treaty. “The Charter must be the compass for all EU policies. The European Commission, and notably its Justice Department, will be very vigilant in ensuring that the Charter is upheld in all proposals for EU legislation, in all amendments introduced by the Council and by the European Parliament, as well as by member states when they implement EU laws”, said Viviane Reding, European Justice Commissioner. In the context of this strategy, published in the form of a communication, the Commission explains the measures that it can take to ensure that the EU has an exemplary fundamental rights record and to improve the public's understanding of fundamental rights protection in Europe.
Guaranteeing that fundamental rights are fully upheld. Given that all proposals for EU legislation must respect the Charter, the Commission intends to reinforce its assessment of the impact of new legislative proposals on fundamental rights. On the basis of a fundamental rights “check list”, the Commission services will identify which fundamental rights could be affected by a proposal and assess systematically the impact on these rights of each envisaged policy option. During the legislative process, including final compromises in the European Parliament and Council, the Commission will work with the co-legislators to ensure that EU law is in line with the Charter, with the launching of inter-institutional dialogue. Member states are already bound by the fundamental rights guaranteed under their national constitutions. However, they must also respect these fundamental rights when they implement EU law. The Commission will use all tools available, including infringement proceedings when necessary, to ensure compliance with the Charter in the implementation of EU law.
Keeping citizens well informed. Citizens should know where they can turn for assistance in cases of violation of fundamental rights. In 2011, they will have access to information about legal remedies in all member states through the Commission's new e-Justice portal. The Commission will explain when it can and cannot intervene on fundamental rights complaints where these are outside the scope of EU competence. The Charter does not confer on the Commission a general power to intervene in the area of fundamental rights. It can intervene only when the EU law comes into play (for example, when EU legislation is adopted or when a national measure applies an EU law in a manner incompatible with the Charter). Member sates have their own systems for protecting fundamental rights through national constitutions and courts. The Charter is not a replacement for them. It is therefore in the first place up to the national courts to ensure respect for fundamental rights. The Commission will publish an annual report on application of the Charter to be discussed by the Parliament and Council. (B.C./transl.jl)