# C_2022015EN.01029001.xml

| 12.1.2022 | EN | Official Journal of the European Union | C 15/290 |
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12.1.2022

EN

Official Journal of the European Union

C 15/290

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P9_TA(2021)0258

European Union Agency for Fundamental Rights: interim report

European Parliament resolution of 20 May 2021 on the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225 — 2020/0112R(APP))

(2022/C 15/47)

The European Parliament,

| — | having regard to the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225), |
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having regard to the proposal for a Council regulation amending Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights (COM(2020)0225),

| — | having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 352 thereof, |
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having regard to the Treaty on the Functioning of the European Union (TFEU), in particular Article 352 thereof,

| — | having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (1) (FRA Regulation), |
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having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (1) (FRA Regulation),

| — | having regard to the European Convention on Human Rights, to Articles 2, 6 and 7 of the Treaty on European Union (TEU) and to the Charter of Fundamental Rights of the European Union (the ‘Charter’), |
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having regard to the European Convention on Human Rights, to Articles 2, 6 and 7 of the Treaty on European Union (TEU) and to the Charter of Fundamental Rights of the European Union (the ‘Charter’),

| — | having regard to the joint statement of the European Parliament, the Council of the EU and the European Commission of 19 July 2012 on decentralised agencies and the Common Approach, |
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having regard to the joint statement of the European Parliament, the Council of the EU and the European Commission of 19 July 2012 on decentralised agencies and the Common Approach,

| — | having regard to the study entitled ‘Strengthening the Fundamental Rights Agency — The Revision of the Fundamental Rights Agency Regulation’, published by its Policy Department for Citizens’ Rights and Constitutional Affairs in May 2020, |
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having regard to the study entitled ‘Strengthening the Fundamental Rights Agency — The Revision of the Fundamental Rights Agency Regulation’, published by its Policy Department for Citizens’ Rights and Constitutional Affairs in May 2020,

| — | having regard to Rule 105(5) of its Rules of Procedure, |
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having regard to Rule 105(5) of its Rules of Procedure,

| — | having regard to the opinion of the Committee on Women’s Rights and Gender Equality, |
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having regard to the opinion of the Committee on Women’s Rights and Gender Equality,

| — | having regard to the interim report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0058/2021), |
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having regard to the interim report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0058/2021),

| A. | whereas the proposal for a Council regulation represents a step forward in making the work of the Fundamental Rights Agency (FRA) broadly more effective by enabling it to operate fully in all areas of Union competence and by clarifying its tasks and working methods, while respecting the principles of proportionality and subsidiarity; whereas it is regrettable that the legal basis of this currently requires unanimity in the Council and the approval of Parliament, meaning that Parliament’s involvement in the reform is limited; |
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A.

whereas the proposal for a Council regulation represents a step forward in making the work of the Fundamental Rights Agency (FRA) broadly more effective by enabling it to operate fully in all areas of Union competence and by clarifying its tasks and working methods, while respecting the principles of proportionality and subsidiarity; whereas it is regrettable that the legal basis of this currently requires unanimity in the Council and the approval of Parliament, meaning that Parliament’s involvement in the reform is limited;

| B. | whereas the FRA makes an important contribution to upholding fundamental rights and, as an independent and fully-fledged EU agency and fundamental rights watchdog, should be further strengthened with a view to promoting and defending fundamental rights as effectively as possible, while also seeking dialogue through the active involvement of civil society, including bar associations, professional organisations, magistrates and attorneys; |
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B.

whereas the FRA makes an important contribution to upholding fundamental rights and, as an independent and fully-fledged EU agency and fundamental rights watchdog, should be further strengthened with a view to promoting and defending fundamental rights as effectively as possible, while also seeking dialogue through the active involvement of civil society, including bar associations, professional organisations, magistrates and attorneys;

| C. | whereas EU ambitions for developing a stronger external dimension should be reflected in the further involvement of the FRA in the monitoring and scrutiny of the acts and activities of the Union and its Member States in all aspects of the common foreign and security policy; |
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C.

whereas EU ambitions for developing a stronger external dimension should be reflected in the further involvement of the FRA in the monitoring and scrutiny of the acts and activities of the Union and its Member States in all aspects of the common foreign and security policy;

| D. | whereas in a globalised world, it is essential to guarantee sufficient protection of fundamental rights through international cooperation with third countries; |
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D.

whereas in a globalised world, it is essential to guarantee sufficient protection of fundamental rights through international cooperation with third countries;

| E. | whereas building trust among EU citizens in the work of police and justice authorities can only be achieved and enhanced when the acts and activities of the Union and its Member States are accurately, carefully and consistently monitored, scrutinised and brought swiftly into line with fundamental rights obligations; whereas the FRA’s activity in the area of freedom, security and justice is therefore of the utmost importance and, as such, its mandate should also cover the area of police and judicial cooperation in criminal matters; |
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E.

whereas building trust among EU citizens in the work of police and justice authorities can only be achieved and enhanced when the acts and activities of the Union and its Member States are accurately, carefully and consistently monitored, scrutinised and brought swiftly into line with fundamental rights obligations; whereas the FRA’s activity in the area of freedom, security and justice is therefore of the utmost importance and, as such, its mandate should also cover the area of police and judicial cooperation in criminal matters;

| F. | whereas the FRA’s work in defending fundamental rights and identifying challenges, such as on the rights of children, migration (including external borders), the use of artificial intelligence and new technologies, gender equality, gender-based violence and women’s rights etc. is important in terms of the FRA’s priorities and thus needs to be acknowledged and supported; |
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F.

whereas the FRA’s work in defending fundamental rights and identifying challenges, such as on the rights of children, migration (including external borders), the use of artificial intelligence and new technologies, gender equality, gender-based violence and women’s rights etc. is important in terms of the FRA’s priorities and thus needs to be acknowledged and supported;

| 1. | Considers the objective of the FRA in providing the relevant institutions, bodies, offices and agencies with information, assistance and expertise on fundamental rights and in defending and protecting fundamental rights in the EU of the utmost importance, given that the FRA monitors the practical application of the Charter to all citizens of the Member States, thereby seeking to ensure that every individual is treated with dignity, whereas all Member States are treated on the basis of equality; underlines its important role as a facilitator in supporting the Union and its Member States when taking measures or formulating courses of action relating to fundamental rights; underlines that these supporting actions can take various forms, including the publication of reports that are fact-based, balanced and take into account a variety of sources; encourages the Commission and the Council to systematically incorporate the data produced by the FRA into their policymaking and commits to the same objective; |
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1.

| 2. | Stresses that hate crime and hate speech is a prevalent and pressing issue, together with discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, gender identity or expression, age or sexual orientation; recalls that a horizontal and intersectional perspective is essential to protect fundamental rights for all; warns against the increase and normalisation of hate speech and different forms of racism, xenophobia and related intolerance, in particular antigypsyism, antisemitism, islamophobia, and racism against black people and people of colour in many Member States, which has been exacerbated by the rise of extremist movements and has increased in the online environment, especially during the COVID-19 pandemic; emphasises the FRA’s commitment to combating discrimination of all kinds and calls on the agency to continue its work on developments relating to hate speech and hate crime and to report regularly on the cases and latest trends; |
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2.

| 3. | Reaffirms its willingness to enable the FRA to operate fully in all areas of Union competence and to fulfil its role as designated by the EU legislators, and therefore to identify the principles and conditions under which it might give its consent; regrets, in this context, Parliament’s limited involvement in the FRA reform and underlines its preference for an ordinary legislative procedure; in line with other JHA agencies, calls on the Commission to allocate the FRA an adequately increased budget, in order to fully fulfil its role; acknowledges the need to provide the FRA with adequately specialised staff; |
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3.

| 4. | Calls on the Council to take into account the following considerations when amending the FRA Regulation:






  (i) | Scope of the regulation

  In line with the changes that result from the entry into force of the Lisbon Treaty, the word ‘Community’ should be replaced by the word ‘Union’ throughout the entire regulation — this implies that Union or Member State acts or activities relating to or within the framework of the common foreign and security policy, as well as in the area of freedom, security and justice, should be covered by the FRA; in this regard, it should be clear that the FRA’s mandate encompasses the area of police and judicial cooperation in criminal matters and issues related to respect for fundamental rights at the Union’s external borders (in line with Article 77 TFEU), and also focuses on questions relating to the mutual recognition of judicial decisions and judgments between Member States; highlights the FRA’s important role in providing valuable input and contributions in the context of proceedings under Article 7 TEU and the annual rule of law report; believes that the FRA should also contribute in future within the context of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget (2); underlines, in this context, the FRA’s role as an instrument for defending the principles of democracy, the rule of law and fundamental rights, especially in times characterised by worrying authoritarian tendencies; |
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4.

(i)

Scope of the regulation

In line with the changes that result from the entry into force of the Lisbon Treaty, the word ‘Community’ should be replaced by the word ‘Union’ throughout the entire regulation — this implies that Union or Member State acts or activities relating to or within the framework of the common foreign and security policy, as well as in the area of freedom, security and justice, should be covered by the FRA; in this regard, it should be clear that the FRA’s mandate encompasses the area of police and judicial cooperation in criminal matters and issues related to respect for fundamental rights at the Union’s external borders (in line with Article 77 TFEU), and also focuses on questions relating to the mutual recognition of judicial decisions and judgments between Member States; highlights the FRA’s important role in providing valuable input and contributions in the context of proceedings under Article 7 TEU and the annual rule of law report; believes that the FRA should also contribute in future within the context of Regulation (EU, Euratom) 2020/2092 on a general regime of conditionality for the protection of the Union budget (2); underlines, in this context, the FRA’s role as an instrument for defending the principles of democracy, the rule of law and fundamental rights, especially in times characterised by worrying authoritarian tendencies;

| (ii) | Cooperation with third countries

  Observer membership should not be restricted to candidate countries or countries with a Stabilisation and Association Agreement, but should be open to other third countries, such as European Economic Area/European Free Trade Association countries, the UK, or — where deemed appropriate by the FRA Management Board — countries covered by the European neighbourhood policy; |
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(ii)

Cooperation with third countries

Observer membership should not be restricted to candidate countries or countries with a Stabilisation and Association Agreement, but should be open to other third countries, such as European Economic Area/European Free Trade Association countries, the UK, or — where deemed appropriate by the FRA Management Board — countries covered by the European neighbourhood policy;

| (iii) | Areas of activity

  In addition to the fight against racism, xenophobia and related intolerance as laid down in Article 5(2)(b) of the FRA Regulation, and to the more general commitment against any form of discrimination and hate crimes, the following areas of activity should be specifically mentioned in the operational part of the new regulation:
  the fight against antigypsyism, antisemitism, islamophobia, racism against black people and people of colour, the protection of the rights of persons belonging to minorities, and respect for political or any other opinions; |
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(iii)

Areas of activity

In addition to the fight against racism, xenophobia and related intolerance as laid down in Article 5(2)(b) of the FRA Regulation, and to the more general commitment against any form of discrimination and hate crimes, the following areas of activity should be specifically mentioned in the operational part of the new regulation:

the fight against antigypsyism, antisemitism, islamophobia, racism against black people and people of colour, the protection of the rights of persons belonging to minorities, and respect for political or any other opinions;

| (iv) | Annual and multiannual programming

  The proposal by the Commission to discontinue the current five-year Multiannual Framework should be taken on board with a view to abandoning the establishment of thematic restrictions for each five-year period in order to enable the FRA to adjust its work and thematic focus to emerging priorities; the FRA should prepare its programming in close consultation with the FRA national liaison officers, in order to coordinate the main thematic areas of activity with the Member States’ national authorities as best and efficiently as possible; the draft programming document should be sent to the competent Council preparatory body and the European Parliament for discussion, and in the light of the outcome of these discussions, the Director of the FRA must submit the draft programming document to the FRA Management Board for adoption; |
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(iv)

Annual and multiannual programming

The proposal by the Commission to discontinue the current five-year Multiannual Framework should be taken on board with a view to abandoning the establishment of thematic restrictions for each five-year period in order to enable the FRA to adjust its work and thematic focus to emerging priorities; the FRA should prepare its programming in close consultation with the FRA national liaison officers, in order to coordinate the main thematic areas of activity with the Member States’ national authorities as best and efficiently as possible; the draft programming document should be sent to the competent Council preparatory body and the European Parliament for discussion, and in the light of the outcome of these discussions, the Director of the FRA must submit the draft programming document to the FRA Management Board for adoption;

| 5. | Calls on the Commission to consider a more comprehensive and ambitious revision of the FRA Regulation following a thorough impact assessment and consultations with the relevant stakeholders in order to strengthen the independence, efficiency and effectiveness of the FRA; calls on the Council to reflect upon such proposals; calls for the Commission, for the purposes of that future revision, to take particular account of:






  (i) | Management Board

  As is the case with many other EU agencies, the Committee on Civil Liberties, Justice and Home Affairs should have the right to nominate one additional member of the FRA Management Board; members of the Management Board should have the right to be reappointed once; a requirement on gender balance in the bodies established by the FRA Regulation should be included; encourages the FRA to continue its practice of having at least one member of the scientific committee with relevant expertise on gender equality; |
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5.

(i)

Management Board

As is the case with many other EU agencies, the Committee on Civil Liberties, Justice and Home Affairs should have the right to nominate one additional member of the FRA Management Board; members of the Management Board should have the right to be reappointed once; a requirement on gender balance in the bodies established by the FRA Regulation should be included; encourages the FRA to continue its practice of having at least one member of the scientific committee with relevant expertise on gender equality;

| (ii) | Independent evaluation and review of FRA activities

  Every five years, the acts and activities of the FRA should be submitted for an independent external evaluation not commissioned by the Commission; the objective of the independent external evaluation should be to assess in particular the impact, effectiveness, efficiency and working practices of the FRA’s activities and achievements; the Management Board must examine the conclusions of the evaluations referred to in Article 30(3) of the FRA Regulation and issue to the Commission such recommendations as may be necessary regarding changes to the FRA, its working practices and the scope of its mission; the Commission must transmit the evaluation reports and recommendations to Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public; after having assessed the evaluation report and recommendations, the Commission may submit any proposals for amendments to the regulation which it considers necessary; |
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(ii)

Independent evaluation and review of FRA activities

Every five years, the acts and activities of the FRA should be submitted for an independent external evaluation not commissioned by the Commission; the objective of the independent external evaluation should be to assess in particular the impact, effectiveness, efficiency and working practices of the FRA’s activities and achievements; the Management Board must examine the conclusions of the evaluations referred to in Article 30(3) of the FRA Regulation and issue to the Commission such recommendations as may be necessary regarding changes to the FRA, its working practices and the scope of its mission; the Commission must transmit the evaluation reports and recommendations to Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public; after having assessed the evaluation report and recommendations, the Commission may submit any proposals for amendments to the regulation which it considers necessary;

| (iii) | Tasks

  Upon the request of the Council, the Commission or Parliament, the FRA should be able to carry out, in particular, independent scientific research, surveys, and preparatory and feasibility studies, and to formulate and publish conclusions and opinions on specific thematic topics, including country-specific assessments and opinions on legislative proposals at different stages of the legislative process and on proceedings under Article 7 TEU; this should also be possible on the initiative of the FRA, and not only upon the request of an EU institution; furthermore, individual Member States or a group of Member States should have a right of initiative; the FRA’s active role in the future EU mechanism on democracy, the rule of law and fundamental rights should be included in the regulation as a body which, in cooperation with a panel of independent experts, identifies the main positive and negative developments in each Member State in an impartial manner and contributes to, among other things, the preparation of the Commission’s annual report; |
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(iii)

Tasks

Upon the request of the Council, the Commission or Parliament, the FRA should be able to carry out, in particular, independent scientific research, surveys, and preparatory and feasibility studies, and to formulate and publish conclusions and opinions on specific thematic topics, including country-specific assessments and opinions on legislative proposals at different stages of the legislative process and on proceedings under Article 7 TEU; this should also be possible on the initiative of the FRA, and not only upon the request of an EU institution; furthermore, individual Member States or a group of Member States should have a right of initiative; the FRA’s active role in the future EU mechanism on democracy, the rule of law and fundamental rights should be included in the regulation as a body which, in cooperation with a panel of independent experts, identifies the main positive and negative developments in each Member State in an impartial manner and contributes to, among other things, the preparation of the Commission’s annual report;

| 6. | Instructs its President to forward this resolution to the Council and the Commission. |
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6.

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(1)  OJ L 53, 22.2.2007, p. 1.

(2)  OJ L 433 I, 22.12.2020, p. 1.

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