REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2010 Report on the Application of the EU Charter of Fundamental Rights
Date: 2011-03-30
Institutions: European Commission
Subjects: EU Charter of Fundamental Rights, access to the courts, data protection, equal treatment, fundamental rights, human rights, rights of minorities

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EUROPEAN COMMISSION 

Brussels, 30.3.2011 
COM(2011) 160 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE 
COMMITTEE OF THE REGIONS 

2010 Report on the Application of the EU Charter of Fundamental Rights 

SEC(2011) 396 final 

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REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE 
COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE 
COMMITTEE OF THE REGIONS 

2010 Report on the Application of the EU Charter of Fundamental Rights 

INTRODUCTION 

With  the  entry  into  force  of  the  Lisbon  Treaty,  the  Charter  of  Fundamental  Rights  of  the 
European  Union1  has  become  legally  binding.  This  leads  to  a  substantial  reinforcement  of 
European Union governance by the rule of law. It is a milestone on a path begun decades ago. 
Before,  it  was  the  case  law  of  the  Court  of  Justice  that  obliged  the  Union  to  respect 
fundamental  rights.  Now,  the  Charter  embodies  in  a  single,  coherent  and  legally-binding 
instrument the fundamental rights which are binding upon the EU institutions and bodies. 

The  Charter  is  not  just  a  text  setting  out  abstract  principles.  It  needs  to  be  put  into  practice 
whenever the EU institutions and bodies take action or EU law is otherwise implemented, so 
that  people  can  effectively  enjoy  their  fundamental  rights.  That  is  why  the  European 
Commission, in 2010, adopted a Strategy on the effective implementation of the Charter2. The 
objective is that the Union sets an example. The Charter must be respected at each stage of 
law-making in the EU – from the day the European Commission starts preparing its proposals, 
throughout their amendments in the legislative process and up to the day they enter into force 
once adopted by the European Parliament and by the Council, and to their implementation by 
Member States. 

For its part, the Commission has reinforced the evaluation of the impact on fundamental rights 
of  its  legislative  proposals  by  establishing  a  "Fundamental  Rights  Check-List"  to  check 
systematically the compliance of its proposals with the Charter. 

In  its  Strategy,  the  Commission  announced  its  intention  to  present  an  Annual  Report 
monitoring  progress  on  the  enforcement  of  the  Charter  in  the  areas  where  the  Union  has 
powers to act. The 2010 Annual Report on the Application of the EU Charter of Fundamental 
Rights brings together for the first time a coherent overview of the most relevant information 
illustrating the dynamic application of the Charter.  

This  Annual  Report  is  illustrated  with  concrete  problems  that  people  are  confronted  with, 
explaining how EU institutions took action to solve those problems within their remit or why 
the EU sometimes could not take action in view of the limits of the powers conferred on it by 
the  Treaties.  The  Annual  Report  also  describes  how  the  EU  institutions,  starting  with  the 
Commission, take fundamental rights considerations into account in the inception, conception 
and development of EU policies. The present report and the subsequent editions measure the 
track record of the EU institutions in implementing the Charter. 

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Charter of Fundamental Rights of the European Union, OJ C 83, 30.3.2010, p. 389–403. 
COM(2010) 573 final, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0573:FIN:EN:PDF 

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1. 

CLARIFYING WHEN THE CHARTER APPLIES AND WHEN IT DOES NOT 

People's interest in and expectations about the enforcement of the Charter are high. However, 
the  Charter  does  not  apply  to  all  situations  in  which  fundamental  rights  are  at  issue  in  the 
European Union. In 2010, the Commission received more than 4,000 letters from the general 
public  regarding  fundamental  rights.  Approximately  three  quarters  of  these  concerned  cases 
outside the remit of EU law. This reflects a frequent misunderstanding about the purpose of 
the Charter and the situations where the Charter applies or does not apply.  

In  the  European  Union,  the  protection  of  fundamental  rights  is  guaranteed  both  at  national 
level by Member States' constitutional systems – which pre-date the Charter and have more 
developed case law – and at EU level by the Charter.  

The Charter applies to actions by all EU institutions and bodies. It concerns in particular the 
legislative work of the European Parliament, the Council and the Commission, which must be 
in full conformity with the Charter in order to comply with the requirements of EU law. The 
Charter also applies to the external action of the European Union.3  

The Charter applies to Member States only when they are implementing EU law. It does not 
apply  in  situations  where  EU  law  is  not  involved  and  it  does  not  extend  the  powers  of  the 
Union as defined in the Treaties.4

Where the Charter does  not apply,  fundamental rights continue to  be guaranteed  at national 
level according to the national constitutional systems. Member States have extensive national 
rules on fundamental rights, the respect of which is guaranteed by national courts. It is up to 
national  authorities,  including  the  courts,  to  enforce  fundamental  rights.  Moreover,  all 
Member  States  have  made  commitments  under  the  European  Convention  of  Human  Rights, 
independently  of  their  obligations  under  EU  law.  Therefore,  as  a  last  resort,  and  after 
exhausting  all  remedies  available  at  national  level,  individuals  may  bring  an  action  at  the 
European  Court  of  Human  Rights  in  Strasbourg  for  violation  of  a  fundamental  right 
guaranteed by the European Convention on Human Rights.  

The  Charter  thus  complements,  but  does  not  replace  national  constitutional  systems  or  the 
system of fundamental rights protection guaranteed by the European Convention on Human 
Rights. 

2. 

MAKING THE CHARTER MORE EFFECTIVE FOR PEOPLE 

In the light of growing public interest in the Charter, there is an urgent need to better inform 
people as to when the rights of the Charter apply – namely to the acts of the EU institutions 
and bodies, and of the Member States only when they are implementing EU law – and on how 

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In accordance with Article 21 of the Treaty on European Union, the Union's action on the international 
scene  is  designed  to  advance  in  the  wider  world  democracy,  the  rule  of  law,  the  universality  and 
indivisibility  of  human  rights  and fundamental  freedoms,  respect  for  human  dignity,  the  principles  of 
equality and solidarity and the respect for the principles of the United Nations Charter and international 
law.  When  implementing  Article  21  TEU,  the  EU  applies  the  Charter,  as  well  as  applicable  United 
Nations human rights standards. The EU annual report on human rights and democracy in the world is a 
separate report covering the Union's action in non-member countries. 
Article 51(2) of the Charter states that it does not extend the field of application of Union law beyond 
the powers of the Union or establish any new power or task for the Union, or modify powers and tasks 
as defined in the Treaties. 

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to enforce them in practice if they are violated. People should know where they can turn for 
assistance in such cases. People should also be informed about where to turn in cases outside 
the  field  of  application  of  the  Charter,  notably  when  national  authorities  act  without 
implementing EU law. Providing appropriate information is a key to ensure that no violation 
remains without a genuine possibility for redress. 

2.1. 

Taking action at EU and at national level 

The Charter protects individuals and legal entities against actions by the EU institutions and 
bodies which are not in conformity with fundamental rights. EU institutions and bodies must 
therefore respect the Charter.  

The  Commission  is  determined  to  use  all  available  means  to  ensure  that  the  Charter  is 
respected at EU level. Where an EU institution or body fails to comply with the Charter, the 
Court of Justice has the power to review the legality of the act, and the Commission has the 
power to start respective proceedings.  

The  public  authorities  of  the  Member  States  –  legislative,  executive  and  judicial  –  are  only 
bound  to  comply  with  the  Charter  when  implementing  EU  law,  notably  when  they  are 
applying  EU  regulations  or  decisions  or  implementing  EU  directives.  If  an  individual 
considers  that  a  national  authority  has  violated  the  Charter  when  implementing  EU  law,  he 
can turn to the national courts in the country in question. Under the guidance of the Court of 
Justice, national judges have the power to ensure that the Charter is respected by the Member 
States  when  they  implement  EU  law.  The  individual  can  also  complain  to  the  Commission, 
which has the power to start infringement proceedings against the Member State. 

Strengthening  the  dialogue  between  EU  institutions  and  national  bodies  involved  in  the 
enforcement  of  fundamental  rights,  including  national  equality  bodies,  will  improve  the 
effective protection of citizens. 

2.2. 

Addressing complaints to the right body 

Where Member States act outside the implementation of EU law, their national constitutions 
protect  fundamental  rights  and  contain  rules  for  their  protection.  In  these  situations, 
individuals whose fundamental rights may have been violated have an interest in ensuring that 
their complaint is addressed swiftly to the competent national authority, be it the government, 
national  courts  or  specialised  human  rights  bodies.  The  European  Court  of  Human  Rights 
provides an additional layer of protection after all domestic remedies have been exhausted. It 
should be noted that the Commission is not a court of appeal against the decisions of national 
or international courts. 

Individuals  who  consider  that  their  fundamental  rights  have  been  breached  need  to  have 
access  to  practical  information  on  the  legal  remedies  existing  in  the  Member  States.  The 
Commission  is  determined  to  address  this  need.  This  does  not  mean  introducing  new 
mechanisms  of  fundamental  rights  protection,  but  instead  requires  promoting  the  use  of 
existing instruments by informing the general public about which body is competent to handle 
a given complaint.  

As a first step, the Commission will enhance the European e-Justice Portal by providing the 
public  with  information  about  where  to  complain  when  their  fundamental  rights  have  been 
violated. 

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In  cases  where  the  Charter  does  not  apply,  the  Commission  will  examine  how  the  alleged 
infringements  of  fundamental  rights  by  Member  States  could,  where  appropriate,  be  re-
directed to relevant national authorities. As a first step, the Commission will in 2011 organise 
a  seminar  with  the  European  Parliament's  Committee  on  Petitions,  national  human  rights 
institutions  and  other  national  authorities  such  as  Ministries  of  Justice  and  equality  bodies, 
and interested parties in order to explore how to establish such a mechanism.  

2.3. 

Communicating clearly on the Charter 

The  information  collected  by  the  Commission  in  2010  on  the  application  of  the  Charter 
highlights the need to communicate more clearly on where the Charter applies and who does 
what in the area of fundamental rights.5 To avoid delays in the enforcement of fundamental 
rights and disappointment, national authorities, EU institutions and other bodies, including the 
EU Agency for Fundamental Rights, should make a common effort to better inform citizens 
about where the Charter does and does not apply. 

3. 

MOST IMPORTANT DEVELOPMENTS IN 2010 

The  2010  Report  shows  that  the  fundamental  rights  enshrined  in  the  Charter  are  relevant 
across a range of policies for which the Union is responsible and must always be taken into 
careful consideration when designing and implementing EU actions: from justice to transport 
policy, to border management.  

The Report presents many examples of application of the Charter in all its six titles (Dignity, 
Freedoms,  Equality,  Solidarity,  Citizens'  rights  and  Justice),  covering  a  number  of  EU 
policies.  

For example, respect for the rights under the title on Dignity has been an important concern in 
the area of immigration and subject to particular attention in legislation adopted in 2010, such 
as  the  Decision  on  the  surveillance  of  the  external  sea  borders6  and  the  amendments  to  the 
FRONTEX  Regulation7.  Concerns  regarding  human  dignity  were  also  taken  into  account  in 
the Commission's Communication on security scanners at European airports8. 

Likewise,  a  number  of  issues  have  shaped  Commission  actions  in  the  areas  covered  by  the 
title on Freedoms. The freedom of the media and the freedom to conduct a business received 

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This is corroborated by a recent survey commissioned by the European Ombudsman and the European 
Parliament.  According  to  the  survey,  72%  of  European  citizens  do  not  feel  well  informed  about  the 
Charter (press release by the European Ombudsman of 18 March 2011, EO/11/6). 
Council  Decision  of  26  April  2010  supplementing  the  Schengen  Borders  Code  as  regards  the 
surveillance  of  the  sea  external  borders  in  the  context  of  operational  cooperation  coordinated  by  the 
European  Agency  for  the  Management  of  Operational  Cooperation  at  the  External  Borders  of  the 
Member States of the European Union, OJ L 111, 4.5.2010, p. 20–26. 
Proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  amending  Council  Regulation 
(EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at 
the External Borders of the Member States of the European Union (FRONTEX), COM(2010) 61 final, 
available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0061:FIN:EN:PDF 
COM(2010) 311 final, available at: 
http://ec.europa.eu/transport/air/security/doc/com2010_311_security_scanners_en.pdf 

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particular  attention  in  the  Commission's  proposal  on  jurisdiction  and  the  recognition  and 
enforcement of judgments in civil and commercial matters9.  

Under  the  title  on  Equality,  there  was  a  strong  interest  from  citizens  and  the  European 
Parliament in the rights of the child and the Commission took several initiatives in this area, 
such  as  the  EU  Action  Plan  on  Unaccompanied  Minors  (2010  -  2014)10.  Respect  for  non-
discrimination  on  various  grounds,  including  sex  and  race,  remains  an  important  concern 
confirmed by data provided by the EU Agency for Fundamental Rights.  

Concerning the title  on Solidarity,  the  Commission  deployed  efforts  to  enable  the  effective 
application of EU instruments linked to the fundamental rights of workers.  

The  rights  under  the  title  on  Justice  were  referred  to  in  several  Court  of  Justice  rulings,  in 
particular the right to an effective remedy. 

Beyond these issues, the analysis of requests from citizens and from the European Parliament 
shows that the top concerns in 2010 were data protection, access to justice, the integration of 
Roma and promoting equality. 

3.1. 

Data protection 

The Charter guarantees the right of individuals to the protection of personal data (Article 8 of 
the Charter). Europeans take a keen interest in these issues and are often concerned about how 
their personal data is being used, as reflected in the number of questions by citizens and by 
the  European  Parliament  in  2010.  These  questions  concerned  a  wide  range  of  topics,  from 
protection  of  data  in  the  application  of  new  technologies,  to  the  respect  of  data  protection 
rules  by  third  countries.  Requests  drew  attention  to  issues  such  as  fingerprinting  of  school 
children, Google Street View, video surveillance systems at the workplace, social networking 
websites,  collection  of  data  in  census  operations,  and  the  funding  of  research  into  new 
technologies in the field of security.  

Technology  easily  allows  individuals  to  share  information  about  their  behaviour  and 
preferences,  and  make  it  publicly  and  globally  available  on  an  unprecedented  scale.  In 
response to these challenges, the Commission adopted in 2010 a comprehensive approach on 
personal data protection in the EU11, which sets out key objectives for the reform of the EU 
data  protection  legal  framework:  strengthening  the  rights  of  individuals  (for  example  by 
increasing transparency and enhancing the control over personal data), enhancing the internal 
market  dimension  (by  reducing  administrative  burden  and  ensuring  a  level-playing  field), 
revising data protection rules in the area of police and judicial cooperation in criminal matters 
so  that  personal  data  is  highly  protected  in  these  areas,  including  when  data  is  transferred 
outside the EU, and more effective enforcement of the rules (including by strengthening and 

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Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  jurisdiction  and  the 
recognition  and  enforcement  of  judgments  in  civil  and  commercial  matters,  COM(2010)  748  final, 
available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0748:FIN:EN:PDF 
Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  -  Action  Plan  on 
Unaccompanied  Minors 
at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0213:FIN:EN:PDF 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  Economic  and 
Social  Committee  and  the  Committee  of  the  Regions,  A  comprehensive  approach  on  personal  data 
protection 
at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0609:FIN:EN:PDF 

2014),  COM(2010) 

COM(2010) 

European 

available 

available 

Union, 

(2010 

final, 

final, 

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609 

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in 

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further  harmonising  the  role  and  powers  of  Data  Protection  Authorities).  The  Commission 
will present proposals for a new general data protection legal framework in 2011.12 

On  10  February  2010,  the  European  Parliament  stressed  the  need  for  data  protection  to  be 
better  taken  into  account  in  international  agreements  on  data  transfers  for  the  purpose  of 
fighting  terrorism  and  voted  against  the  proposed  agreement  on  the  Terrorist  Financing 
Tracking  Programme  (TFTP).  This  led  the  Commission  to  propose  a  new  agreement  that 
included  stronger  safeguards  for  data  protection,  which  was  approved  by  the  European 
Parliament  and  entered  into  force  on  1  August  2010.13  Also  the  Court  of  Justice  of  the 
European Union highlighted the importance of the fundamental right of data protection on 9 
November  2010  by  invalidating  part  of  EU  legislation  that  required  the  publication  of  the 
names  of  natural  persons  that  were  recipients  of  funds  deriving  from  the  European 
Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development.14 

3.2. 

Access to justice  

Access  to  justice  is  not  only  a  fundamental  right,  guaranteed  notably  by  Article  47  of  the 
Charter. Issues related to justice very often affect the daily lives of many individuals across 
the EU. Where to file legal claims in another Member State? What are my rights as a victim in 
court  proceedings?  These  are  just  a  couple  of  the  questions  that  many  Europeans  are 
confronted  with.  In  2010,  many  people  wrote  to  the  Commission  to  complain  they  had  not 
received  or  could  not  find  sufficient  assistance  or  legal  aid  to  handle  their  cases  before 
national  courts.  Many  citizens  complained  about  long  or  costly  judicial  procedures  that 
prevented  them  from  having  access  to  justice.  Some  letters  contained  allegations  of 
corruption,  of  violation  of  the  principle  of  equality  of  arms  or  of  lack  of  independence  of 
certain  national  courts,  and  violation  of  the  right  to  a  fair  trial.  The  Commission  could  not 
deal with many of these issues as they fall within the competence of Member States. 

To  enhance  the  rights  of  suspects  and  accused  persons  who  do  not  understand  or  speak  the 
language of criminal proceedings, the EU in 2010 adopted common EU minimum standards 
on the right to interpretation and translation15. The Commission also proposed rules requiring 
that suspects of a criminal offence be informed of their rights in a language they understand16. 
Anyone  arrested  either  for  a  criminal  offence  or  under  a  European  Arrest  Warrant  will  be 
informed in writing, in a document called Letter of Rights, of their basic rights at the time of 
arrest and of what they are accused. In 2011, the Commission will continue to implement the 
Roadmap on Procedural Rights setting out a programme of legislation to guarantee fair trials, 
by  proposing  rules  to  render  effective  the  access  to  a  lawyer  and  the  right  to  communicate 
with family members, consulates or employers. 

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In this context, other relevant fundamental rights enshrined in the Charter, and other objectives in the 
Treaties, have to be fully taken into account while ensuring the fundamental right to the protection of 
personal data. 
Agreement  between  the  European  Union  and  the  United  States  of  America  on  the  processing  and 
transfer of Financial Messaging Data from the European Union to the United States for the purposes of 
the Terrorist Finance Tracking Program, OJ L 195, 27.7.2010, p. 5–14. 
ECJ, Joined cases C-92/09 and C-93/09, Volker und Markus Schecke, Eifert, 9.10.2010. 
Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to 
interpretation and translation in criminal proceedings, OJ L 280, 26.10.2010, p.1–7. 
Proposal  for  a  Directive  on  the  right  to  information  in  criminal  proceedings,  COM(2010)  392  final, 
available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0392:FIN:EN:PDF 

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In  courts,  not  only  the  defendant,  but  also  the  victims  of  crime  have  rights  that  need  to  be 
respected and the Commission is keen on improving their situation. The Commission intends 
to present in 2011 a package of measures to improve the rights, protection and support of all 
victims of crime throughout the justice process and beyond the trial. 

3.3. 

The fundamental rights of Roma 

While  the  EU  Treaty  recognises,  in  Article  2,  the  rights  of  people  belonging  to  minorities, 
Article  21  of  the  Charter  prohibits  any  discrimination  based  on  ethnic  or  social  origin  or 
membership  of  a  national  minority.  With  10  to  12  million  people,  the  Roma  are  Europe's 
largest ethnic minority. A large proportion of Roma people in the EU are severely affected by 
unemployment,  extreme  poverty,  poor  housing,  low  health  standards  and  difficult  access  to 
education. The social and economic inclusion of Roma is therefore a priority for the EU, as 
underlined  by  the  Commission  on  7  April  2010  in  its  Communication  outlining  the  main 
challenges of Roma integration for all EU Member States.17  

All EU citizens have the right to move and settle down in another EU country and the right 
not  to  be  discriminated.  National  authorities  only  have  the  right  to  expel  EU  citizens  or  to 
withdraw their right of residence under certain strict and clear conditions, defined in the EU's 
Free  Movement  Directive  of  200418,  which  also  includes  procedural  safeguards  to  avoid 
arbitrary, discriminatory or disproportionate decisions and thereby to guarantee fundamental 
rights,  including  the  prohibition  of  collective  expulsions  (Article  19(1)  of  the  Charter).  To 
ensure these rights, the Commission took immediate action following events in the summer of 
2010 involving the expulsion of EU citizens of Roma origin from France. The Commission 
carefully  checked  whether  the  relevant  operations  had  been  carried  out  in  full  compliance 
with EU requirements. Following the Commission's action, France and other Member States 
are  now  changing  their  rules  in  order  to  bring  them  fully  in  line  with  EU  rules  on  free 
movement. 

On a more structural basis, the social and economic integration of Roma requires the active 
commitment of the Member States, supported by the European Union. Following the events in 
summer 2010, the Commission set up shortly afterwards an internal Task Force to assess the 
use  of  EU  funding  in  the  Member  States.  The preliminary  findings of the Task  Force show 
that Member States do not make adequate use of EU funding opportunities for the effective 
social  and  economic  integration  of  Roma.  Weaknesses in the development of strategies, the 
lack of specific measures to address the problems faced by Roma people, the lack of know-
how and administrative capacity to use EU funds, and the lack of involvement by civil society 
and Roma communities in developing and implementing integration measures, are the main 
areas of concern identified by the Task Force. 

In  2011,  the  Commission  will  adopt  an  EU  framework  for  national  Roma  integration 
strategies. The Commission will also continue to ensure that Roma people benefit from their 
rights as EU citizens without discrimination. 

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Communication on the social and economic integration of the Roma in Europe, COM(2010)133 final, 
available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0133:FIN:EN:PDF 
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of 
citizens  of  the  Union  and  their  family  members  to  move  and  reside  freely  within  the  territory  of  the 
Member  States  amending  Regulation  (EEC)  No  1612/68  and  repealing  Directives  64/221/EEC, 
68/360/EEC,  72/194/EEC,  73/148/EEC,  75/34/EEC,  75/35/EEC,  90/364/EEC,  90/365/EEC  and 
93/96/EEC, OJ L 158, 30.4.2004, p. 77–123. 

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3.4. 

Promoting equality 

In 2010, the Commission expressed a strong commitment to gender equality by adopting the 
Women’s Charter19 and a Strategy for Equality between Women and Men (2010-2015)20. The 
Commission pointed out that despite a general trend towards more equality in society and on 
the  labour  market,  progress  in  eliminating  gender  inequalities  remains  slow.  It  defined 
challenges  and  action  for  the  following  five  priority  areas:  equal  economic  independence; 
equal  pay  for  equal  work  and  work  of  equal  value;  equality  in  decision-making;  dignity, 
integrity and an end to gender-based violence; and gender equality outside the EU. Achieving 
progress in all these areas would offer genuine choices to many women and men.  

To empower women and men with disabilities so they can enjoy their full rights and benefit 
fully  from  their  participation  in  society,  the  Commission  in  2010  launched  the  Disability 
strategy21.  The  Strategy  identifies  eight  priority  areas:  accessibility,  participation,  equality, 
employment,  education  and  training,  social  protection,  health  and  external  action.  In 
December 2010, the EU became party to the UN Convention on the Rights of Persons with 
Disabilities (UNCRPD). The Strategy defines EU mechanisms to implement this convention, 
which will supplement national action. 

3.5.  The EU prepares for accession to the European Convention on Human Rights 

The EU Treaty requires the EU to become a member of the European Convention on Human 
Rights. This is why the Commission recommended on 17 March 2010 to the Council to open 
accession negotiations with the Council of Europe. On the basis of a mandate agreed by the 
Council, the Commission launched accession negotiations on 7 July 2010. The EU's accession 
to  the  European  Convention  of  Human  Rights  will  complement  the  strong  protection  of 
fundamental rights that already exists in the Union's legal order through the EU's own Charter 
of  Fundamental  Rights  and  the  fundamental  rights  developed  over  time  by  the  Court  of 
Justice.  It  will  introduce  an  additional  judicial  control  in  terms  of  protecting  fundamental 
rights in the EU. Accession will further embed a common culture of fundamental rights in the 
EU, and show that the EU puts its weight behind the Strasbourg system of rights protection. It 
will also ensure that there is a harmonious development of the case law of the Court of Justice 
and the European Court of Human Rights. 

CONCLUSION 

To  ensure  that  citizens  fully  benefit  from  the  EU  Charter  of  Fundamental  Rights,  EU 
institutions as well as the national authorities must clearly explain where the Charter applies, 

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Communication from the Commission A Strengthened Commitment to Equality between Women and 
Men A Women's Charter Declaration by the European Commission on the occasion of the 2010 
International Women's Day in commemoration of the 15th anniversary of the adoption of a Declaration 
and Platform for Action at the Beijing UN World Conference on Women and of the 30th anniversary of 
the UN Convention on the Elimination of All Forms of Discrimination against Women, COM(2010) 78 
final, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0078:FIN:EN:PDF 
COM(2010) 491 final, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0491:FIN:EN:PDF 
Communication European Disability Strategy 2010-2020: A Renewed Commitment to a Barrier-Free 
Europe, COM(2010) 636 final, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0636:FIN:EN:PDF 

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and  where  it  does  not.  This  first  Annual  Report  is  a  first  concrete  step  taken  by  the 
Commission to this end.  

The Commission will present such a report each year in order to monitor progress made in the 
application  of  and  compliance  with  the  Charter  and  to  ensure  that  the  EU  maintains  an 
impeccable  fundamental  rights  record.  The  Annual  Reports  will  support  the  effective 
enforcement  of  the  Charter  in  a  continuous,  determined  and  transparent  manner  with  the 
involvement of all interested parties. With these reports, the Commission intends to offer an 
opportunity for an annual exchange of views with the European Parliament and the Council 
on the application of the Charter. The Commission will take stock in the coming years of the 
lessons that can be drawn from the effective implementation of the Charter, as well as of the 
concerns expressed by individuals, and will adjust its actions accordingly. 

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