Brussels, 31/03/2011 (Agence Europe) - On Thursday 31 March, Fundamental Rights Commissioner Viviane Reding presented a somewhat mixed first progress report on the application of the European Charter of Fundamental Rights, which became legally binding in December 2009, when the Lisbon Treaty came into force. Europeans who do not feel well informed about the Charter number 72%, a survey conducted by the European Ombudsman a few weeks ago revealed, and, of the many letters sent by citizens to the Commission about fundamental rights, approximately three quarters concerned cases outside the remit of EU law.
“This reflects a frequent misunderstanding about the purpose of the Charter and the situations where the Charter applies or does not apply”, the Commission says in a press release. At the same time, the Commission has observed growing interest in the Charter.
The report presented by Reding on Thursday seeks, therefore, to better explain the purpose and scope of the Charter, in order to make it more effective. The Commission notes that member states are bound by the Charter only in cases where they implement EU policies and law. It does not apply in situations which do not relate to EU law nor does it extend the powers of the EU as defined by the treaties. This restriction came in for criticism at the time of the controversy between Hungary and the European Commission over the Hungarian media law. While the Charter could be used as part of the evaluation of the transposition of the audiovisual services directive, the Commission pointed out several times, it could not apply to the written press, for example, as no European directive of this kind exists.
The 2010 report shows, nevertheless, that the fundamental rights enshrined in the Charter impact on a wide range of policies on which the EU has responsibility and they must be scrupulously taken into account in the drafting and implementation of EU measures, the Commission says, in particular with regard to justice, transport policy and border management.
So, on the use of body scanners at airports, the Commission highlighted “the need to respect fundamental rights such as human dignity, private and family life and data privacy”. In border management, the Commission “proposed new rules to make border surveillance at sea more effective while ensuring the respect of fundamental rights of migrants intercepted at sea”. The Commission also proposed amendments to the rules governing Frontex, the EU's external borders agency. The proposals require that border control officials undertake training in fundamental rights and that any incidents during operations, including in relation to fundamental rights, must be reported to the national authorities and followed up.
In 2010, the Commission took action in a memorable quarrel with France over the free movement of Roma citizens, to ensure the right for all EU citizens to move and settle in other EU countries and the right not to be discriminated, Reding pointed out. As a result, France has been forced to amend its rules. (S.P./transl.rt)