On Wednesday 5 June, the European Commission presented a mixed annual review of the European Charter of Fundamental Rights.
Based on an analysis by the Fundamental Rights Agency, it points out a lack of national policies “that promote knowledge and implementation of the Charter”. However, she reassures herself by arguing that this is a 'young' text that is only celebrating its 10th anniversary this year.
In fact, the European Charter of Fundamental Rights is a little older. It was solemnly proclaimed by Parliament, the Council of the EU and the Commission in Nice in 2000. After some modifications, it was proclaimed again in 2007. However, it was only with the adoption of the Lisbon Treaty on 1 December 2009 that it took direct effect - as provided for in Article 6 (1) of the EU Treaty - and thus became a binding source of primary law. It is particularly addressed to Member States when they implement Union law.
In its annual evaluation, the Commission welcomes the fact that the Charter has contributed to the development of a culture of fundamental rights in the work of the EU institutions over the last ten years. It notes that in 2018, the EU Court of Justice referred to the Charter 356 times, compared to 27 in 2010. National courts have also continued to refer to the Charter, in particular in the fields of asylum and migration, data protection and judicial cooperation in criminal matters.
However, the success of the Charter leaves something to be desired: according to a Eurobarometer survey, only 42% of participants have already heard of this text and 12% really know what it is about. At EU level, the Commission, the rotating Presidency of the Council of the EU and the Fundamental Rights Agency plan to organise a conference on the occasion of the 10th anniversary of the Charter on 12 November to discuss how to improve the use of the Charter on the ground in the Member States. Report 2018: https://bit.ly/2XuYrwG (Original version in French by Sophie Petitjean)