European Parliament resolution on the drafting of a European Union Charter of Fundamental Rights (C5-0058/1999 — 1999/2064(COS))
Date: 2000-03-16
Institutions: Committee on Constitutional Affairs, European Parliament
Subjects: EU Charter of Fundamental Rights, protection of freedoms

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58.
Calls on the Commission to submit the proposals referred to above and to inform Parliament of the
progress of the legislative programme and of any changes or delays, in order to improve both the trans-
parency of the decision-making process and interinstitutional cooperation;

Instructs its President to forward this resolution to the Commission, the Council, the parliaments of

59.
the Member States, the Committee of the Regions and the Economic and Social Committee.

4. EU Charter of Fundamental Rights

A5-0064/2000

European Parliament resolution on the drafting of a European Union Charter of Fundamental
Rights (C5-0058/1999 $ 1999/2064(COS))

The European Parliament,

% having regard to the decision of the European Council on the drafting of a European Union Charter of

Fundamental Rights (C5-0058/1999),

% having regard to its position as representative of the peoples of the European Union,

% considering that the Union should strengthen the protection of the rights and interests of the nationals
of its Member States through the introduction of a citizenship of the Union (Article 2 of the
EU Treaty),

% having regard to the fact that the Union must respect fundamental rights ‘as they result from the
constitutional traditions common to the Member States, as general principles of Community law’
(Article 6 of the EU Treaty),

% having regard to the Preamble of the United Nations Charter and the Universal Declaration on Human
Rights adopted by the UN General Assembly in its resolution 217 A (III) on 10 December 1948 in
Paris,

% having regard to its numerous initiatives in the matter of fundamental and citizens’ rights, in particular
to its resolution of 12 April 1989 on the Declaration of Fundamental Rights and Freedoms (1),

% having regard to its initiatives in the matter of a constitution for the European Union, in particular its
resolution of 12 December 1990 on the constitutional basis of European Union (2) and its resolution
of 10 February 1994 on the Constitution of the European Union (3),

% having regard to the conclusions of the Cologne European Council and the conclusions of the Tam-

pere European Council,

% having regard to its resolution of 16 September 1999 on the drawing up of a Charter of Fundamental

Rights (4),

% having regard to its resolution of 27 October 1999 on the European Council meeting in Tampere (5),

% having regard to the outstanding importance of the forthcoming enlargement of the Union and the

Intergovernmental Conference,

% having regard to the setting-up on 17 December 1999 in Brussels of the Convention to draft a Euro-

pean Union Charter of Fundamental Rights,

% having regard to Rule 47(1) of its Rules of Procedure,

(1) OJ C 120, 16.5.1989, p. 51.
(2) OJ C 19, 28.1.1991, p. 65.
(3) OJ C 61, 28.2.1994, p. 155.
(4) OJ C 54, 25.2.2000, p. 93.
(5) Texts adopted at that Sitting, point 15.

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% having regard to the report of the Committee on Constitutional Affairs and the opinions of the Com-
mittee on Foreign Affairs, Human Rights, Common Security and Defence Policy, the Committee on
Citizens’ Freedoms and Rights, Justice and Home Affairs, the Committee on Legal Affairs and the
Internal Market, the Committee on Women’s Rights and Equal Opportunities, the Committee on Peti-
tions and the Committee on Employment and Social Affairs (A5-0064/2000),

A. whereas the Union is founded on the principles of liberty, democracy, respect for human rights and

fundamental freedoms and the rule of law (Article 6 of the EU Treaty),

B. whereas the creation of an ever closer Union among the peoples of Europe (Article 1 of the EU
Treaty) and the maintenance and development of the Union as an area of freedom, security and justice
(Article 2 of the EU Treaty) are based on general and absolute respect for human dignity, which is
unique to each person, yet common to all, and inviolable,

C. whereas the Union must respect ‘fundamental rights, as guaranteed by the European Convention for
the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950
and as they result from the constitutional traditions common to the Member States, as general princi-
ples of Community law’ (Article 6 of the EU Treaty),

D. whereas some specific rights are already enshrined in the Treaties,

E. whereas the fundamental freedoms and rights unavoidably stemming from the recognition of human

dignity require genuine, comprehensive legal protection and effective legal guarantees,

F. whereas the primacy of Union law and significant powers of its institutions, which affect individuals,

make it necessary to strengthen the protection of fundamental rights at European Union level,

G. whereas the increase in the powers of the Union and the European Community, especially in the
sensitive field of internal security, together with the limits on parliamentary or judicial controls in
that field, make it obvious that there is an urgent need for a European Charter of Fundamental Rights,

H. whereas as the Union develops an imbalance must not be created between the objective of security

and the principles of freedom and law,

I. whereas fundamental freedoms can be restricted without parliamentary approval, both in the frame-
work of the Union Treaty and of Community law, despite the fact that this is incompatible with the
constitutional traditions common to the Member States,

J. whereas, even in the case of legitimate restrictions of fundamental rights, the inherent nature of such

rights may in no case be infringed,

K. whereas the economic aspect of European integration must henceforth be supplemented by a genuine

political, democratic and social union,

L. whereas fundamental social freedoms ought to be strengthened and developed at European Union

level,

M. whereas the Union’s common foreign and security policy, which will in future include defence, must

be developed in compliance with fundamental rights,

N. whereas new conflicts with fundamental freedoms can arise from developments in, for example, bio-
technology or information technology, and whereas a consensus on fundamental rights at European
level constitutes an important contribution towards finding a global solution to the problem,

O. whereas there are serious indications of a rise in racism and xenophobia,

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P. whereas it is important that, while respecting the role of every national language, the European Union
and its Member States attend to the protection of the diversity of the languages and cultures of Eur-
ope, especially regional and minority languages and cultures, and to this end guarantee to the citizens
of the Union, through appropriate means of support, that they can maintain and develop their own
languages and cultures in the public and private domain,

Q. whereas the human right to asylum must be maintained according to the provisions of the Geneva

Refugee Convention,

R. whereas a European Union Charter of Fundamental Rights, in the same way as national provisions
concerning fundamental rights, should not in any way conflict with the European Convention on
Human Rights,

S. whereas the Union’s accession to the European Convention on Human Rights following the necessary
amendments to the Treaty on European Union would represent an important step towards the
strengthening of the protection of fundamental rights in the Union,

T. whereas the creation of an ever closer union among the peoples of Europe is inseparably linked with
the task of increasing, in addition to fundamental rights, citizens’ rights, namely the political, eco-
nomic and social rights associated with Union citizenship,

U. whereas a charter of fundamental rights constituting merely a non-binding declaration and, in addi-
tion, doing no more than merely listing existing rights, would disappoint citizens’ legitimate expecta-
tions,

V. whereas the Charter of Fundamental Rights should be regarded as a basic component of the necessary

process of equipping the European Union with a constitution,

1. Welcomes the drafting of a European Union Charter of Fundamental Rights, which will contribute to
defining a collective patrimony of values and principles and a shared system of fundamental rights which
bind citizens together and underpin the Union’s internal policies and its policies involving third countries;
welcomes therefore the progress made in this connection since the European Council meeting in Tampere,
in particular the establishment of the joint Convention composed of representatives of the Heads of State
and Government, the European Parliament, the parliaments of the Member States and the Commission;

2.
Notes that the establishment of a binding European list of fundamental rights will confer a more
secure legal and moral basis on the process of European integration, will give concrete form to the com-
mon basis that exists at the level of the constitutional state and will provide more transparency and clarity
for citizens;

Offers its full support and cooperation in drafting the Charter of Fundamental Rights of the European

3.
Union;

Notes that the recognition and shaping of fundamental and citizens’ rights is one of the primary tasks

4.
of parliaments;

Calls on its delegation to the Convention drafting the charter vigorously to defend the position set

5.
out in this resolution;

Intends to vote in plenary on the adoption of the Charter at the appropriate time and deems it
6.
advisable to publish in advance its objectives regarding the Charter of Fundamental Rights as set out here-
under;

Points out that its final assent to a Charter of Fundamental Rights depends to a large extent upon

7.
whether the charter:

(a) has fully binding legal status by being incorporated into the Treaty on European Union;

(b)

subjects any amendment to the Charter to the same procedure as its original drafting, including the
formal right of assent for the European Parliament;

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(c)

contains a clause, requiring the consent of the European Parliament whenever fundamental rights are
to be restricted in any circumstances whatsoever;

(d) contains a clause stipulating that none of its provisions may be interpreted in a restrictive manner

with regard to the protection guaranteed by Article 6(2) of the Treaty on European Union;

(e)

includes such fundamental rights as the right of association in trade unions and the right to strike;

(f)

recognises that fundamental rights are indivisible by making the charter applicable to all the European
Union’s institutions and bodies and all its policies, including those contained in the second and third
pillars in the context of the powers and functions conferred upon it by the Treaties;

(g)

is binding upon the Member States when applying or transposing provisions of Community law;

(h)

is innovative in nature by also giving legal protection to the peoples of the European Union in respect
of new threats to fundamental rights, for example from the fields of information technology and
biotechnologies, and confirms, as an integral part of fundamental rights, and especially women’s
rights, the general non-discrimination clause and environmental protection;

Resolves to hold a scientific colloquium to advise Parliament and to carry out public hearings of

8.
representatives of society in general;

9. Will strongly support initiatives for a broad societal discussion in the Member States, involving social
partners, NGOs and other representatives of civil society;

Calls for recognition of the contribution that can be made by organisations representing civil

10.
society to the drafting of the Charter;

11.
Proposes to grant the States applying for accession observer status in the Convention drafting the
Charter and to begin a continuous exchange of opinions with them in the context of the European Con-
ference;

Emphasises that the charter should not replace or weaken Member States’ provisions concerning

12.
fundamental rights;

Supports the agreement reached by the Convention that the charter should be drafted on the pre-

13.
sumption that it will have full legal force;

14.
Emphasises the need to incorporate in the charter, in addition to the rights already enshrined in the
EU Treaty, the standards applicable to the Union that are set out in the international conventions signed by
the Member States within the context of the United Nations, the Council of Europe, the International
Labour Organisation and the Organisation for Security and Cooperation in Europe;

15.

Calls upon the IGC to:

(a) put the incorporation into the Treaty of the Charter of Fundamental Rights on its agenda and to give
it at that conference the position which it deserves in view of its paramount importance for an ever
closer union among the peoples of Europe;

(b) enable the Union to become a party to the ECHR so as to establish close cooperation with the Council
of Europe, whilst ensuring that appropriate action is taken to avoid possible conflicts or overlapping
between the Court of Justice of the European Communities and the European Court of Human Rights;

(c) add a reference to the European Social Charter and to the appropriate ILO and UN conventions to the
reference to the European Convention on Human Rights in Article 6 of the Treaty on European
Union;

(d) give all persons protected under the charter access to the Court of Justice of the European Commu-

nities by supplementing existing mechanisms for judicial review;

16.
Instructs its President to forward this resolution to the Convention responsible for drafting the
European Union Charter of Fundamental Rights, the Intergovernmental Conference, the Council, the par-
liaments of the Member States, the Commission and the Court of Justice and the European Court of
Human Rights.