At the beginning of December, the European Commission presented a strategy to ensure that the EU Charter of Fundamental Rights is properly applied, noting that implementation is still not complete (see EUROPE 12614/27). The response of the Member States – whose lack of cooperation is highlighted in the strategy – is currently being prepared in the EU Council, as demonstrated by draft conclusions dated 1 March, a copy of which EUROPE has obtained.
The Commission suggests that the EU Council should undertake to debate application of the Charter annually “at Union and national level”.
The draft conclusions state that a debate of this nature would be based on the annual report on application of the Charter, which the Commission has undertaken to provide.
The EU Council welcomed the Commission’s undertaking and called on it to ensure that the report is shared with the general public.
Involving organisations. While the EU Council recognises the need for greater efforts to be made to ensure that the Charter is applied and is “concerned” that the fundamental rights of vulnerable people are being undermined during the pandemic (see EUROPE 12465/12), it does not make many further commitments.
It does, however, invite Member States to consider how to improve cooperation with civil society organisations that are working to defend fundamental rights.
The draft conclusions state: “In that regard, it considers it good practice for governments to meet regularly with civil society organisations, and to involve them in the preparation of national action plans on fundamental rights”.
With regard to the support these organisations receive, the EU Council simply “acknowledges” that “transparent, sufficient and easily accessible” funding is essential for them to function independently.
Finally, the EU Council notes that fundamental rights can only be guaranteed when the judiciary is fully independent. On this precise matter, the European Commission is expected to discuss the critical situation in Poland in the near future (see EUROPE 12669/25).
Raising awareness. The EU Council also stresses the importance of providing citizens with accessible information on their rights under the Charter.
They “should know who to turn to and where to turn if their rights are breached in any Member State”, says the text.
MEPs believe the problem lies more with the fact that Member States are only obliged to comply with the requirements of the Charter when they apply Community law, in accordance with Article 51 of the Charter, an article that the EU Council is careful to mention.
Approval. In a note attached to the draft conclusions, the Portuguese Presidency presents them as a “balanced approach”.
It also invites the ambassadors of the Member States to the EU to confirm their interim agreement to the text and to seek the EU council’s approval by written procedure. (Original version in French by Agathe Cherki)