Resolution of the Committee of the Regions on the "Charter of Fundamental Rights of the European Union"

(2001/C 22/01)

THE COMMITTEE OF THE REGIONS,

having regard to the European Council decision on the drawing up of a Charter of Fundamental Rights of the European Union;

having regard to the conclusions of the Cologne and Tampere European Councils;

having regard to the setting-up, on 17 December 1999, of the Convention to draft a Charter of Fundamental Rights of the European Union;

having regard to the Draft Charter of Fundamental Rights of the European Union of 14 September 2000 proposed by the Praesidium (Charte 4470/99 - CONVENT 47);

having regard to the European Commission Communication on the Charter of Fundamental Rights of the European Union of 13 September 2000 (COM(2000) 559 final);

having regard to its opinion of 16 February 2000 on the process of drawing up a Charter of Fundamental Rights of the European Union (COR 327/99 fin)(1);

having regard to its Bureau's decision of 11 April 2000, in accordance with Article 265(5) of the Treaty establishing the European Community, to draw up a resolution on the Charter of Fundamental Rights of the European Union and to instruct the Commission for Institutional Affairs to prepare the work on the subject;

having regard to the draft resolution (COR 140/2000 rev. 1) adopted by the Commission for Institutional Affairs at its meeting on 5 July 2000 (rapporteurs: Mr Bore (UK/PSE) and Mrs du Granrut (F/PPE));

considering the progress made by the Convention to draft a Charter of Fundamental Rights of the European Union;

whereas the Committee of the Regions has already expressed strong support for the drawing up of such a Charter with binding legal force, and for its incorporation into the Treaties;

whereas following the above opinion of 16 February 2000 on the Charter of Fundamental Rights of the European Union, and consultation of its President, Mr Chabert, by the Convention drawing up the Charter, the Committee of the Regions has been invited to follow the Convention's work and to attend its informal meetings;

whereas in the course of preparing the draft Charter proposed by the Praesidium, currently being discussed by the Convention, differing positions have emerged as regard the Charter's legal status, role and purpose;

whereas the Charter, in the view of some Convention members, should fall strictly within the scope of the European Union and its terms of reference, and hence do no more than define the fundamental rights which may be invoked by European citizens, and how these are to be implemented within the scope of the Union's remit. The Charter should not set out rights which are recognised by Member States and whose implementation falls exclusively within their jurisdiction. Thus the Charter should confine itself to incorporating some of the rights to be found in the European Convention on Human Rights (ECHR);

whereas the majority of Convention members feel that the EU's future Charter of Fundamental Rights, while taking its lead from the rights enshrined in the ECHR, should reshape and supplement them. It should do this, firstly, by covering areas which did not pose legal difficulties when the ECHR was drafted and, secondly, by drawing on other sources, including the Treaty on European Union, European Court of Justice case law and the European Social Charter;

whereas proponents of this approach feel that this does not involve broadening EU powers or interfering in Member States' legislative and legal competence;

whereas the inclusion of economic and social rights in the Charter has been an opportunity to state explicitly what is involved here and to secure support for this decision;

whereas the Committee of the Regions welcomes this solution, which reflects the recommendations set out in its opinion;

whereas the scope of the Charter will extend to the Union's institutions and bodies and thus to the Committee of the Regions,

adopted the following resolution at its 35th plenary session on 20 and 21 September 2000 (meeting of 20 September).

The Committee of the Regions

1. considers that the Preamble to the Charter should also state: "The European Union and its institutions are based on the principles of freedom, democracy, the rule of law, and respect for human and fundamental rights, both individual and collective - principles which are all common to the Member States";

2. stresses the political nature of the Charter and its major contribution as a pillar of European citizenship. In this connection, it notes the positive nature of the preamble and the author's desire to present all the rights of Union citizens under distinct, horizontal headings. It regrets, however, that a more prominent and important place has not been given to citizen's rights. It reiterates its wish that all long-term EU residents should be able to vote in local and European Parliamentary elections;

3. proposes that the principle of democracy be backed in the preamble by the principles of local and regional autonomy, as these play a part in guaranteeing the practical application of democratic rights. Reference should also be made in paragraph 3 to the principle of subsidiarity and to Article 6 of the EU Treaty in the following terms: "The Union contributes to the development of these common values while respecting the principle of subsidiarity and the diversity of the cultures and traditions of the peoples of Europe as well as the national identities of the Member States and the organisation of their public authorities at national, regional and local levels; it ensures balanced and sustainable development through the free movement of persons, goods, capital and services.";

4. reaffirms its belief that the Charter should, under the headings adopted by the Praesidium, encompass three key aspects: rights linked to the person, economic, social and cultural rights, and finally civil and political rights. These rights express the distinctive values of the European social model. Brought together in a single document, they highlight the core values of the European Union. The Charter should also pay special attention to the protection of such rights against abuses which might arise from improper use of the new information technologies, environmental damage or control of mass media concentrations in relation to freedom of expression;

5. stresses the need for a clear and readily intelligible Charter so as to contribute added value to the fundamental rights and freedoms guaranteed to European citizens, making them accessible to everyone entitled to invoke them. With this in mind, the Committee reiterates its concern that all rights enshrined in the Charter should be guaranteed by law and that there should be universal access to services of general interest;

6. expresses its satisfaction that the Charter is to include economic and social rights which make it possible to meet the technological challenges of European society as responsible players insofar as these rights do not merely constitute goals for Union action; workers must also have the right to the ongoing vocational training which is essential if they are to adapt to employment requirements against the backcloth of scientific and technical progress in European society; this right must be applied uniformly in all Member States, so as to make free movement of workers within the EU a reality. To this end, it calls for these principles to be added to the first paragraph of Article 14 of the draft Charter.

7. recommends that the protection of minorities and communities be expressly and positively included in the Charter as a separate right in order to establish a fundamental principle for dealing in particular with ethnic and linguistic diversity in the EU;

8. proposes that the first paragraph of Article 50, entitled Scope, should read as follows: "The provisions of this Charter are addressed to the institutions and bodies of the Union, with due regard for the principle of subsidiarity, and to the Member States only when they are implementing Union law at national, regional and local levels";

9. recognises the need for the "horizontal clauses" to specify the level of protection and limits of the fundamental rights included in the Charter; and thinks that the scope of the Charter must be unequivocally defined;

10. welcomes therefore the wording proposed in the draft of the Convention Praesidium (currently the proposal for Article 50(2), CONVENT 47 document of 14 September 2000), according to which the Charter does not establish any new powers or tasks for the Community or the Union or modify powers and tasks defined by the Treaties;

11. would point out to the Convention that the rights enshrined in the Charter are indivisible and that they draw their strength from this indivisibility;

12. regards the Charter as a major addition to the "acquis communautaire". This addition will provide comprehensive protection of fundamental rights with respect to the procedures and actions of the EU institutions and bodies. In an enlarged European Union protection of these rights will be extended to a wider circle of EU citizens;

13. regrets that the Committee of the Regions has had only observer status in the Convention and that insufficient account has been taken in the discussions of the local and regional dimension; and stresses that local and regional elected representatives can play a key role in awakening interest and publicising the existence, contents and scope of the Charter among the general public;

14. proposes that, as soon as the Charter enters into force, an information drive should be launched with the backing of the Committee and local and regional elected representatives throughout the Union. The mobilisation of the general public behind the moral standards and values promoted by the Charter can be counted on to strengthen their feeling of being a part of the European Union and will place the Union on truly democratic foundations. Here the open discussion which can take place alongside hearings of civil society organisations via the Internet is seen as a positive step towards involvement of the general public in a European reform project;

15. would point out that the Committee of the Regions is still basically in favour of the European Council incorporating the Charter into the Treaties; the Charter will then have legal force, respond to citizens' aspirations and flesh out the concept of European identity. Lastly, the Committee stresses the substantial advance the Charter represents for the EU citizen as a major instrument in promoting Community solidarity and its potential for enlargement.

Brussels, 20 September 2000.

The President

of the Committee of the Regions

Jos Chabert

(1) OJ C 156, 6.6.2000, p. 1.