Charter of Fundamental Rights: Charter of Fundamental Rights: Core readings

The European Union is based on the values of human dignity, freedom, equality and solidarity, and on the principles of democracy and the rule of law. It places the individual and the rights of the individual at the heart of its activities. EU citizens must have in-depth knowledge of those values and principles, and of the rights they derive from them to be able to participate fully in the European project. The adoption of the Charter of Fundamental Rights increased the visibility of those rights and strengthened the protection of those rights for all. The pocket edition of the Charter has been designed, through its original format, specifically to enable citizens, in particular younger citizens and those teaching them, to discover and understand the values and principles of the European Union and to become familiar with their rights, in order to become fully-informed and active participants in the European project.

December 2019 will mark the 10th anniversary of the EU Charter becoming an integral and binding part of EU primary law. Over these ten years, we have witnessed a new commitment to a “fundamental rights culture” at EU level and a Court of Justice of the European Union (CJEU) that has moved towards becoming a fundamental rights court. What is the contribution of the Charter in this regard? What is the role and potential of the Charter in protecting and promoting democracy in the EU, at the local, national and European levels? And what has been the role, if at all, of the Charter during the financial crisis and the wave of austerity-inspired policy-making? Did, and does, the Charter make a substantial difference to law and policy-making at EU level? And what about the ‘life of the Charter’ at national level, has it made a difference?

During the past decade, the EU institutions have developed various procedures and mechanisms to help guarantee that EU law and policies respect the rights laid down in the Charter. But these are mainly internal procedures carried out by the services of the respective EU legislators – mainly the European Commission but potentially also the European Parliament and the Council of the European Union. Independent external expertise is regularly requested only with regard to processing personal data, via the European Data Protection Supervisor. FRA is currently not regularly consulted on legislative drafts that raise potential issues across the wide spectrum of rights covered in the Charter. The EU institutions should provide for enhanced forms of consultation, impact assessments and legal scrutiny, including by requesting advice from appropriate independent expert bodies, such as FRA, whenever a legislative file potentially promotes or negatively affects fundamental rights.

This study on the implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework was requested to support the work of the Committee on Constitutional Affairs (AFCO) of the European Parliament. It assesses to which extent the EU institutions take into account the Charter in the design and implementation of legislation or of policies, both within law- and policymaking internal to the Union and in the external relations of the EU. It identifies means through which the effectiveness of the Charter in ensuring the protection and promotion of rights, freedoms and principles that it brings together, could be further improved.

The 2018 report on the application of the EU Charter of Fundamental Rights informs people about situations in which they can rely on the EU Charter. It also explains the role EU institutions and Member States’ authorities play in making fundamental rights a reality in their lives. Finally, it highlights how the fundamental rights enshrined in the Charter are relevant across a range of policies for which the EU is responsible.

The 2017 report on the application of the EU Charter of Fundamental Rights informs about the situations in which one can rely on the EU Charter. It also explains the role EU institutions and Member States’ authorities play in making fundamental rights a reality in their lives. Finally, it highlights how the fundamental rights enshrined in the Charter are relevant across a range of policies for which the EU is responsible.