REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2011 Report on the Application of the EU Charter of Fundamental Rights
Date: 2012-04-16
Institutions: European Commission
Subjects: EU Charter of Fundamental Rights, access to the courts, children's rights, human rights, racism, xenophobia

EUROPEAN COMMISSION 

Brussels, 16.4.2012  
COM(2012) 169 final 

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

2011 Report on the Application of the EU Charter of Fundamental Rights 

{SWD(2012) 84 final} 
{SWD(2012) 85 final} 

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

2011 Report on the Application of the EU Charter of Fundamental Rights 

1. 

INTRODUCTION 

Two years after the entry into force of the Lisbon Treaty, the Charter of Fundamental Rights 
of the European Union1 (the 'Charter') has become a point of reference commonly used in the 
development of EU policies.  

This  momentum  has  been  triggered  by  the  Lisbon  Treaty.  After  its  entry  into  force,  the 
Commission  adopted  a  Strategy  on  the  effective  implementation  of  the  Charter  ('Charter 
Strategy')2  setting  an  objective  that  the  EU  sets  a  good  example  as  regards  the  respect  of 
fundamental  rights  when  the  Union  legislates.  The  Commission  further  committed  to 
preparing annual reports to better informing citizens on the application of the Charter and to 
measuring  progress  in  its  implementation.  Both  the  Charter  Strategy  and  the  first  Annual 
report  on  the  application  of  the  Charter  have  triggered  discussions  in  the  European 
Parliament,  in  the  Council  as  well  as  in  the  Committee  of  Regions  and  in  the  European 
Economic and Social Committee.  

The  Charter  is  of  great  interest  not  only  to  EU  institutions  but  also  to  the  general  public: 
according  to  a  recent  Eurobarometer  survey3  two-thirds  of  respondents  across  the  EU  are 
interested in learning more about their rights as enshrined by the Charter (66%), where to go 
if they feel that these rights have been violated (65%) and when the Charter applies and when 
it does not (60%).  

This  report  aims  to  address  this  wish  to  be  better  informed  about  the  Charter.  It  reviews 
progress  in  ensuring  the  effective  implementation  of  the  Charter  and  highlights  important 
developments  in  2011.  The  annexed  document  (I)  provides  detailed  information  on  the 
application  of  the  Charter  by  all  EU  institutions  and  Member  States  and  illustrates  concrete 
problems  faced  by  individuals.  Progress  in  the  implementation  of  the  Strategy  for  equality 
between women and men (2010-2015) is presented in a separate annex (II).  

2. 

PROMOTING THE EFFECTIVE IMPLEMENTATION OF THE CHARTER  

Building on the findings of the 2010 Report, the Commission has taken a number of concrete 
steps to promote the effective implementation of the Charter.  

1 
2 

3 

Charter of Fundamental Rights of the European Union, OJ C 83, 30.3.2010, p. 389–403. 
Commission Communication: Strategy for the effective implementation of the Charter of Fundamental 
Rights by the European Union, COM(2010) 573 final, available at: 
http://ec.europa.eu/justice/news/intro/doc/com_2010_573_en.pdf  
Flash Eurobarometer 340: "The Charter of Fundamental Rights of the European Union".  

EN 

2 

   EN 

 
                                                 
 
2.1. 

Fostering the fundamental rights culture in the EU 

The Charter Strategy and the 2010 Report generated debates in all EU institutions on how to 
make  the  Charter  effective  for  citizens  and  on  how  to  ensure  its  respect  throughout  the 
legislative  process.  This  momentum  initiated  by  the  Commission  has  already  delivered  first 
concrete results. 

The Commission has reinforced the assessment of the impact on fundamental rights when it 
prepares  legislative  proposals.  Prior  to  adopting  proposals  for  new  legislation,  the 
Commission  carries  out  impact  assessments.  The  new  Guidance  on  Fundamental  Rights  in 
Impact  Assessment4  clarifies  through  concrete  examples  how  fundamental  rights  aspects 
should  be  taken  into  account  by  Commission  services.  The  Commission  established  an 
interservice group on the implementation of the Charter to share knowledge and experience 
among all its departments. 

The  approach  taken  by  the  Commission  in  drawing  up  legislation  on  the  use  of  security 
scanners5  for  detecting  unsafe  objects  carried  by  passenger  at  EU  airports  is  a  concrete 
example of the positive effect of this policy. The preparatory phases leading to the adoption of 
this legislation took into account the impact of different policy options on fundamental rights 
so  as  to  ensure  that  this  legislation  complies  with  the  Charter.  Member  States  and  airports 
wishing to deploy security scanners must comply with minimum conditions set by the EU's 
new  rules  to  safeguard  fundamental  rights.  Most  importantly,  passengers  will  be  entitled  to 
opt  out  from  the  security  scanner  procedure  and  to  be  checked  by  alternative  screening 
methods. Passengers must be informed of the possibility to opt out, of the scanner technology 
used  and  of  the  conditions  associated  with  its  use.  In  addition,  detailed  conditions  are  laid 
down to ensure that the right to the protection of personal data and private life is respected, 
for instance, the obligation that security scanners shall not store, retain, copy, print or retrieve 
images. As far as health considerations are concerned, only scanners that do not use ionising 
radiation are allowed as a method for screening persons.  

The Commission evaluation report6 on the EU rules on Data Retention7 is another example of 
its reinforced assessment of the impact on fundamental rights. The Commission outlined the 
impact of these rules on economic operators and consumers as well as its implications on the 
protection of  fundamental rights and freedoms,  in  particular the protection of personal data. 
The  report  concluded  that,  on  the  one  hand,  data  retention  is  a  valuable  tool  for  law 
enforcement purposes. On the other hand, the report identified areas that need to be improved 

4 

5 

6 

7 

Operational  Guidance  on  taking  account  of  fundamental  rights  in  Commission  Impact  Assessments, 
SEC(2011) 567 final, 6.5.2011, available at: 
http://ec.europa.eu/justice/fundamental-rights/files/operational-guidance_en.pdf  
Commission  Regulation  1141/2011  supplementing  the  common  basic  standards  on  civil  aviation 
security  as  regards  the  use  of  security  scanners  at  EU  airports,  OJ  L293,  11.11.2011,  p.  22-23. 
Commission  Implementing  Regulation  N°  1147/2011  implementing  the  common  basic  standards  on 
civil aviation security as regards the use of security scanners at EU airports, OJ L294, 12.11.2011, p. 7-
11. 
Report  from  the  Commission:  Evaluation  report  on  the  Data  Retention  Directive  (Directive 
2006/24/EC), COM(2011) 225 final, available at:  
http://ec.europa.eu/commission_2010-
2014/malmstrom/archive/20110418_data_retention_evaluation_en.pdf  
Data  Retention  Directive  (2006/24/EC)  requires  Member  States  to  oblige  providers  of  publically 
available electronic communications services or of public communications networks to retain traffic and 
location data for a period of six months to two years for the purpose of the investigation, detection and 
prosecution of serious crime. 

EN 

3 

   EN 

 
                                                 
 
 
following  the  uneven  transposition  of  the  Directive  on  data  retention  by  Member  States.  In 
particular, the Commission should ensure more harmonisation in specific areas, such as: the 
measures  ensuring  the  respect  for  fundamental  rights  and  freedoms,  including  the  data 
retention  periods,  the  purpose  limitations,  as  well  as  the  necessary  safeguards  to  access 
retained data and protect personal data. 

As explained in the Charter Strategy, the Commission not only guarantees that its proposals 
are  compatible  with  the  Charter,  it  also  ensures  that  the  Charter  is  respected  when  Member 
States  implement  EU  law.  According  to  Article  51  of  the  Charter,  its  provisions  apply  to 
Member  States  only  when  they  are  implementing  EU  law.  It  does  not  apply  in  situations 
where EU law is not involved. 

Following the Commission's intervention on the Hungarian media law, using the full extent of 
its legal powers to enforce the acquis, the Hungarian government agreed to amend its national 
media  law  so  that  it  complies  with  substantive  EU  law.  A  number  of  concerns  have  been 
expressed  relating  to  other  provisions  of  the  media  law  which  are  not  covered  by  EU 
legislation. In such situations, fundamental rights continue to be guaranteed at national level 
according  to  the  national  constitutional  systems.  It  should  be  noted  in  that  respect  that  this 
was  illustrated  by  the  Hungarian  Constitutional  Court  ruling  on  19  December  that  declared 
that certain provisions of the Hungarian media law unconstitutionally limited freedom of the 
written press8.  

The  Commission  also  paid  particular  attention,  in  2011,  to  the  developments  related  to  the 
new Hungarian Constitution and its implementation, to the extent that it raises EU law issues. 
In the June plenary session of the European Parliament, the Commission underlined that the 
Constitution  of  every  Member  State  should  reflect and comply with the European values of 
freedom, democracy, equality, the rule of law, human dignity and the respect of human rights, 
including the rights of persons belonging to minorities, without discrimination, as laid down 
in  Article  2  of  the  Treaty.  In  December,  the  Commission  expressed  its  concerns  regarding 
potential violations of EU law by certain provisions of the draft legislation9. The Hungarian 
authorities adopted the legislation in question without taking into account the Commission's 
legal  concerns.  As  a  result,  the  Commission,  as  guardian  of  the  Treaties,  decided  to  take 
action  against  a  number  of  new  provisions  in  Hungarian  legislation,  namely  on  the 
independence  of  the  data  protection  authority  and  on  the  discriminatory  impact  of  the 
mandatory retirement age for judges, prosecutors and notaries. The Commission also sent an 
administrative  letter  requesting  further  information  on  certain  aspects  of  the  new  legislation 
which could affect the independence of the judiciary10.  

The European Parliament played a key role in promoting the rights and freedoms enshrined 
in the Charter. The European Parliament paid particular attention to the situation in Hungary 

8 

9 

10 

Vice-President Kroes has expressed her concerns both in letters to the Hungarian authorities and in a 
bilateral meeting with the responsible Minister of Justice. Ruling of the Hungarian Constitutional Court, 
19 December 2011, 1746/B/2010, available at: www.mkab.hu/admin/data/file/1146_1746_10.pdf 
Vice-President  Reding  sent  a  letter  to  the  Hungarian  Minister  of  Justice  on  12  December.  Vice-
President Kroes and Vice-President Rehn also sent letters on media pluralism and on the independence 
of the Hungarian Central Bank respectively.  
Press release of 17 January 2012 (IP 12/24), available at: 
http://europa.eu/rapid/pressReleasesAction.do?reference=IP/12/24&format=HTML&aged=0&language=EN&guiLa
nguage=fr 

EN 

4 

   EN 

 
                                                 
 
in  respect  of  media  freedom  and  pluralism11  as  well  as  in  relation  to  the  new  Hungarian 
Constitution and its implementation12. On 16 February 2012, it adopted a resolution13 calling 
on the Hungarian government to comply with the recommendations, objections and demands 
of the European Commission, the Council of Europe and the Venice Commission and calling 
on  the  European  Commission,  the  guardian  of  the  Treaties,  to  monitor  closely  the  possible 
amendments and the implementation of the said laws and their compliance with the letter and 
spirit of the European treaties. 

When acting as co-legislator, it stressed the fundamental rights dimension of  new proposals 
for  EU  law.  For  example,  the  European  Parliament  approved  the  Commission's  proposal  to 
amend  the  Qualification  Directive  which  will  enhance  the  rights  granted  to  refugees  and 
beneficiaries  of  subsidiary  protection  in  the  EU  (Articles  18  and  19  of  the  Charter)  and 
ensured  the  extension  of  social  rights  for  migrant  workers  in  the  recently  adopted  Single 
Permit Directive14.  

The  Council  made  significant  efforts  to  follow-up  the  Charter  Strategy,  in  particular  in 
respect of its role as co-legislator. The Council recognised that it had a key role in ensuring 
the  effective  implementation  of  the  Charter  and  committed  to  ensuring  that  Member  States 
proposing  amendments  to  Commission  legislative  initiatives,  or  tabling  own  legislative 
initiatives,  assess  their  impact  on  fundamental  rights15.  The  Council  reiterated  that  it  is  the 
responsibility of each institution to assess the impact of its proposals and amendments. In this 
respect, it committed, in line with the Inter-institutional agreement on better lawmaking16, to 
assess the impact of its substantive amendments on fundamental rights. This commitment is 
an  encouraging  change  in  Council  practices  which  until  now  did  not  foresee  any  particular 
proceeding to ensure compliance with the Charter. To this end, following the example of the 
Commission,  the  Council  established  Guidelines17  to  identify  and  deal  with  fundamental 
rights  issues  arising  in  the  discussion  on  proposals  before  the  Council's  preparatory  bodies. 
Finally, the Council outlined its actions for the application of the Charter18.  

11 

12 

13  

14 

15 

16 
17 

18 

: 

July  2011  on 

the  Revised  Hungarian  Constitution,  available  at 

European  Parliament  resolution  of  10  March  2011  on  media  law  in  Hungary,  available  at:  
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2011-
0094+0+DOC+XML+V0//EN  
Resolution  of  5 
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+TA+P7-TA-2011- 
0315+0+DOC+XML+V0//EN 
Resolution  of  16  February  2012  on  the  recent  political  developments  in  Hungary,  available  at:  
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bTA%2bP7-TA-
2012-0053%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN  
Directive 2011/98/EU on a single application procedure for a single permit for third country nationals to 
reside  and  work  in  the  territory  of  a  Member  State  and  on  a  common  set  of  rights  for  third-country 
workers legally residing in a Member State, OJ L 343, 23.12.2011, p. 1 – 9.  
Council  conclusions  on  the  role  of  the  Council  of  the  European  Union  in  ensuring  the  effective 
implementation of the Charter of Fundamental Rights of the European Union, 25.2.2011, available at: 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/jha/119464.pdf  
Inter-institutional Agreement on Better Lawmaking, OJ C 321, 31.12.2003, p. 1 – 5. 
Guidelines  on  methodological  steps  to  be  taken  to  check  fundamental  rights  compatibility  at  the 
Council's preparatory bodies, 19.5.2001, available at: 
http://register.consilium.europa.eu/pdf/en/11/st10/st10140.en11.pdf  
Council  conclusions  on  the  Council's  actions  and  initiatives  for  the  implementation  of  the  Charter  of 
fundamental 
at: 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/genaff/122181.pdf  

23.5.2011, 

European 

available 

Union, 

rights 

the 

of 

EN 

5 

   EN 

 
                                                 
 
The impact of the Charter on the judiciary, both at national and at EU level, is already visible. 
The Court of Justice of the European Union has increasingly referred to the Charter in its 
decisions: the number of decisions quoting the Charter in its reasoning rose by more than 50% 
as compared to 2010, from 27 to 42. National courts when addressing questions to the Court 
of Justice (preliminary rulings) have also increasingly referred to the Charter: in 2011, such 
references rose by 50% as compared to 2010, from 18 to 27. Interesting questions have been 
referred to the Court of Justice by national courts, for instance on the impact of the right to an 
effective remedy and to a fair trial in expulsion proceedings against EU citizens that rely on 
security  sensitive  information  that  the  public  authorities  do  not  want  to  reveal  in  a  public 
hearing.19  Another  question  touches  on  the  important  issue  of  the  relationship  between 
national fundamental rights and EU fundamental rights in a case concerning the application of 
the European Arrest Warrant20. 

The  Court  of  Justice  issued  a  number  of  landmark  rulings  that  include  a  reference  to  the 
Charter.  For  example,  in  the  Test-Achats  case,  the  Court  invalidated  a  derogation  in  EU 
gender equality legislation that enables insurers to differentiate between men and women in 
individuals'  premiums  and  benefits21.  The  derogation  was  found  incompatible  with  the 
objective  of  unisex  pricing  contained  in  that  legislation,  and  therefore  with  the  Charter. 
Following the Court ruling, the Commission issued guidelines on the application of EU law 
on gender equality to insurance22.  

At the end of 2011, the Court issued a landmark ruling on the implementation of the Dublin 
Regulation  on  determining  the  Member  State  responsible  for  the  assessment  of  asylum 
application  in  the  EU23.  The  Court  stressed  that  Member  States  are  under  the  obligation  to 
respect  the  Charter  when  they  establish  the  responsibility  for  examining  an  asylum 
application. Member States must not transfer an asylum seeker to another Member State if it 
is  such  that  they  cannot  be  unaware  of  systemic  deficiencies  in  the  asylum  procedure  and 
reception conditions amounting to substantial grounds for believing that person would face a 
real risk of being subjected to inhuman or degrading treatment. Annex I to this report presents 
a number of other important rulings such as the judgments clarifying the relationship - in an 
online  environment  -  between  the  protection  of  intellectual  property  rights  and  other 
fundamental  rights,  such  as  the  freedom  to  conduct  business  and  the  protection  of  personal 
data24,  or  referring  to  human  dignity  as  regards  the  issue  of  the  patentability  of  human 
embryos  created  through  therapeutic  cloning25,  or  analysing  the  principle  of  non-
discrimination  on  grounds  of  age  in  light  of  the  right  to  negotiate  and  conclude  collective 
agreements26.  

19 
20 
21 
22 

23 

24 
25 
26 

ECJ, Case C-300/11, ZZ v Secretary of State for the Home Department, 17.06.2011.  
ECJ, Case Case C-399/11, Stefano Melloni,1.10.2011. 
ECJ, Case C-236/09, Test-Achats, 30.4.2011.  
Guidelines  on  the  application  of  Council  Directive  2004/113/EC  to  insurance,  in  the  light  of  the 
judgment  of  the  Court  of  Justice  of  the  European  Union  in  Case  C-236/09  (Test-Achats),  OJ  C  11, 
13.1.2012, p. 1 – 11. 
ECJ, joined cases C-411/10 and C-493/10, N.S. v Secretary of State for the Home Department and M.E. 
e.a. v Refugee Applications Commissioner, 21.12.2011.  
ECJ, Case, C-70/10, Scarlet v SABAM, 24.11.2011. 
ECJ, C-34/10, Brüstle v. Greenpeace, 18.10.2011. 
Joined Cases, C-297/10 and C-298/10, Hennings and Land Berlin. 

EN 

6 

   EN 

 
                                                 
2.2. 

Promoting equality between women and men in the EU  

Following  the  Commission's  Strategy  for  equality  between  women  and  men  (2010-2015)27, 
the  Council  adopted  a  European  Pact  for  gender  equality28.  Establishing  a  firm  link  to  the 
Europe  2020  process,  the  Pact  reaffirms  the  EU's  commitments  to  closing  gender  gaps  in 
employment, education and social protection, ensuring equal pay for equal work, promoting 
the  equal  participation  of  women  in  decision-making  and  combating  all  forms  of  violence 
against women. It repeats the importance of integrating a gender perspective into all policies 
including external actions of the EU. It also underlines reconciliation of work and family life 
as a precondition for equal participation in the labour market: developing childcare services 
and fathers’ take-up of parental leave have a positive bearing on the labour supply for main 
carers, who usually are women29. 

In line with the commitments taken in its Strategy for equality between women and men to 
promote equality in decision making and in order to redress the gender imbalance in positions 
of  leadership  in  private  companies,  the  Commission  called  on  all  EU  publicly  listed 
companies  to  sign  the  'Women  on  the  Board  Pledge  for  Europe'  and  to  develop  their  own 
means to get more women into top jobs30. The goal is to reach the target of 30% female board 
members in the major European publicly listed companies by 2015 and 40% by 2020. 

The  Commission  adopted  the  legislative  proposals  for  the  next  EU  Multiannual  Financial 
Framework (2014-2020)31. The Rights and Citizenship programme32 will promote and protect 
the  rights  of  persons  including  the  principles  of  non-discrimination  and  equality  between 
women  and  men.  In  addition,  the  new  EU  Programme  for  Social  Change  and  Innovation33, 
established to support employment and social policies across the EU, will specifically target 
gender issues.  

In the framework of the Europe 2020 Strategy, the Commission has issued recommendations 
to Member States on the gender pay gap, on childcare and on fiscal disincentives for second 
earners  to  strengthen  women's  position  in  the  labour  market  and  to  meet  the  objectives  of 
raising the employment rate of women and men aged 20-64 to 75% by 2020. Member States 
where fiscal treatment is more advantageous either for couples with very different earnings or 
for single income couples  are  not efficient from an economic  point of view. They reinforce 
the household model where one person works full-time (traditionally the man) and the other 

27 

28 

29 

30 

31 

32 

33 

Communication  from  the  Commission:  Strategy  for  equality  between  women  and  men,  2010, 
COM(2010) 491 final, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2010:0491:FIN:EN:PDF  
Council  conclusions  on  the  European  Pact  for  gender  equality  for  the  period  2011  –  2020,  7.3.2011, 
available at: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/119628.pdf  
Council conclusions on the Reconciliation of work and family life in the context of demographic 
Change, 17.6.2011, available at: 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/122875.pdf  
Women on the Board Pledge for Europe, available at: 
http://ec.europa.eu/commission_2010-2014/reding/pdf/p_en.pdf  
Information on the EU financial framework for 2014-2020, available at: 
http://ec.europa.eu/budget/biblio/documents/fin_fwk1420/fin_fwk1420_en.cfm  
Proposal  for  a  Regulation  establishing  for  the  period  2014  to  2020  the  Rights  and  Citizenship 
Programme, COM (2011) 758 final, available at: 
http://ec.europa.eu/justice/newsroom/files/1_en_act_part1_v5_frc_en.pdf  
Proposal  for  a  Regulation  of  the  European  Parliament  and  of  the  Council  on  a  European  Union 
Programme for Social Change and Innovation, COM(2011) 609 final, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011PC0609:EN:NOT  

EN 

7 

   EN 

 
                                                 
 
 
 
 
 
 
 
part-time  (traditionally  the  woman),  leading  to  an  underutilisation  of  human  capital 
investments,  in  particular  of  women.  Removing  financial  disincentives  in  tax  and  benefit 
systems  and  developing  childcare  and  care  for  the  elderly  would  increase  the  labour 
participation  of  women 
their  economic 
independence.  

life-cycle  and  guarantees 

throughout 

their 

2.3. 

Helping citizens exercise their rights 

The  Commission  is  convinced  that  informing  citizens  about  when  the  Charter  applies  and 
where to go to when their rights are violated requires further effort. A recent Eurobarometer 
survey34 revealed that although general awareness of the Charter is on the rise (64% in 2012 
as  compared  to  48%  in  2007),  few  citizens  knew  what  the  Charter  actually  was  (11%)  and 
when it applied (14%). The greatest confusion lay around whether the Charter applied to 
all actions of Member States, including matters of national competence. The Charter does 
not apply in all of these matters, but more than half of the respondents - 55% - thought that it 
applied.  In  addition,  almost  one  quarter  (24%)  of  respondents  said  that  it  was  false  that  the 
Charter applied to Member States only when they implement EU law, further highlighting this 
confusion. 

The  survey  also  reveals  that  national  courts  are  the  first  place  respondents  would  turn  to  if 
their Charter rights were violated (21%) closely followed by Ombudsmen/independent bodies 
(20%), EU institutions (19%) and the local police (19%). This shows that EU institutions are 
perceived by many citizens as having the same redress function as a national court or a 
national human rights body.  

Data  collected  by  the  Commission  sheds  further  light  on  the  frequent  misunderstanding  of 
citizens  as  regard  the  role  of  EU  institutions  in  the  area  of  fundamental  rights.  In  2011, 
citizens' letters to the Commission on fundamental rights in 55% of the cases concerned issues 
outside the remit of EU competences. The Charter does not give a general power to the EU to 
intervene in all cases of violations of fundamental rights by national authorities. The Charter 
applies to Member States only when they implement EU law. Member States have extensive 
national rules on fundamental rights, the respect of which is guaranteed by national courts35.  

The  Commission  recalls  that  EU  institutions  and  bodies  (in  particular  the  European 
Ombudsman)  and  Member  States'  national,  regional  and  local  authorities  have  a  shared 
responsibility to better inform citizens on the Charter and on where to turn to obtain redress 
when  they  consider  their  rights  violated.  The  Commission,  in  cooperation  with  Member 
States,  published  new  Fundamental  Rights  pages  on  the  European  e-Justice  Portal36.  The 
portal provides information on where to complain when citizens consider that they have been 
subject to a violation of their fundamental rights. It provides information on national courts, 
and  on  bodies  handling  complaints  on  fundamental  rights,  such  as 
the  national 
Ombudspersons, National Human Rights Institutions and Equality bodies.  

The  Commission  is  determined  to  help  citizens  exercise  their  rights  through  a  multilevel 
cooperation  with  all  actors  involved  at  EU  and  at  national  level.  A  closer  dialogue  is 
necessary  among  the  many  different institutions  in Member States which, in addition to the 
key  role  of  the  judiciary  in  defending  fundamental  rights,  are  called  upon  to  address 

34 
35 
36 

Flash Eurobarometer 340; "The Charter of Fundamental Rights of the European Union".  
In this respect, even the US Bill of Rights originally only applied to the Federal level. 
European e-Justice portal available at: https://e-justice.europa.eu/home.do?action=home  

EN 

8 

   EN 

 
                                                 
complaints from citizens who consider that their fundamental rights have been violated. On 6 
October  2011  the  Commission,  for  the  first  time,  brought  together  equality  bodies, 
ombudsman  institutions,  children's  ombudsman  institutions,  European  and  national  human 
rights institutions in a seminar organised jointly with the European Parliament Committee on 
Petitions.  The  seminar  focussed  on  how  such  authorities  handle  complaints  on  fundamental 
rights in practice. This multilevel dialogue will continue with a view to sharing experience in 
implementing the Charter and on common challenges faced by these authorities in relation to 
their  competence,  independence  and  effectiveness.  It  will  in  particular  examine  how  to 
encourage  each  body  to  establish  citizen-friendly  "admissibility  check  lists"  enabling  the 
complainant  to  determine  whether  their  case  can  likely  to  be  dealt  with  by  the  body 
concerned.  Such  systems  have  already  proved  to  be  very  beneficial  in  the  case  of  the 
European Ombudsman which set up an interactive guide on its website in all the 23 official 
EU languages to help citizens quickly identify the most appropriate body to turn to when they 
have complaint about maladministration. 80% of 22.000 enquiries received in 2011 could be 
responded  to  through  this  interactive  guide.  Cooperation  with  the  EU  Agency  for 
Fundamental  Rights  (FRA)  in  establishing  citizen-friendly  "admissibility  check  lists"  is 
important  as  the  FRA  has  planned  to  set  up  user-friendly  tools  guiding  citizens  when  they 
want to submit a complaint concerning a violation of their fundamental rights.  

3. 

MOST IMPORTANT DEVELOPMENTS IN 2011 

The Commission has pursued a vigorous policy of ensuring the effective implementation of 
the Charter in a wide variety of areas covered by EU law. The annex to this Report presents 
many examples of the application of the Charter involving the rights covered by the six titles 
of the Charter (Dignity, Freedoms, Equality, Solidarity, Citizens' rights and Justice), including 
important steps to prepare the proposal for new EU rules on data protection to be presented in 
2012. 

Beyond  the  scope  of  this  report,  the  promotion  of  human  rights  in  third  countries  is  also  a 
priority of the EU. This was reaffirmed by  the Commission and the High  Representative of 
the Union for Foreign Affairs and Security Policy in a joint Communication on "Human rights 
and  democracy  at  the  heart  of  the  EU  external  action",  adopted  on  12  December  201137  as 
well as in two Communications on the EU's development policy38. The protection of human 
rights  is  also  one  of  the  key  priorities  for  the  EU  enlargement  process,  and  will  be  further 
strengthened during the accession negotiations.  

EU Member States are bound by the Charter when they implement EU law. However, there is 
not yet enough information on the efforts made to ensure the effective implementation of the 
Charter. The Commission will seek in its forthcoming annual reports on the application of the 
Charter to document progress in that respect. 

37 

38 

Joint  Communication  of  European  Commission  and  EU  High  Representative  for  Foreign  Affairs  and 
Security  Policy:  Human  rights  and  democracy  at  the  heart  of  EU  external  action  –  towards  a  more 
effective approach", 12.12.2011, COM(2011) 886 final, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0886:FIN:EN:PDF 
Communication from the Commission: Increasing the impact of EU development policy: an agenda for 
change,  COM(2011)  637  final;  Communication  from  the  Commission:  The  future  approach  to  EU 
budget support to third countries, COM(2011) 638 final, available at:  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0637:FIN:EN:PDF;  
http://ec.europa.eu/europeaid/how/delivering-aid/budget-
support/documents/future_eu_budget_support_en.pdf  

EN 

9 

   EN 

 
                                                 
 
 
 
3.1. 

A new momentum in the enforcement of citizens' right to free movement 

Intra-EU mobility of persons is a key factor for economic growth in a Europe with a declining 
population and a significant imbalance between supply and demand on the labour market in 
different parts of the EU. At the same time, the free movement of students, tourists, workers 
and  their  families  between  Member  States  is  a  key  European  achievement,  and  a  practical 
expression  of  mutual  respect,  openness  and  tolerance  as  core  European  Union  values.  For 
these  reasons,  the  Commission  pursued  a  rigorous  enforcement  policy  with  a  view  to 
achieving  the  full  and  correct  transposition  and  application  of  EU  free  movement  rules39 
across the European Union. As a result of this policy, the majority of Member States amended 
their  legislation  or  announced  their  intention  to  do  so.  The  Commission  continued  to  work 
with the remaining countries to tackle outstanding issues including by launching infringement 
proceedings where needed. 

At  the  same  time,  the  Commission  took  a  firm  stance  to  ensure  that  the  principle  of  non-
discrimination and other safeguards anchored in EU rules on free movement for the benefit 
of  all  EU  citizens  are  fully  respected  by  Member  States.  In  this  respect,  the  Commission 
expressed  its  concerns  regarding  the  plans  on  labour  migration  announced  by  the  Dutch 
government  and  pursues  its  dialogue  with  relevant  Member  State  authorities  with  a  view  to 
ensuring full compliance with EU law of any measure that may be put in place.  

In March 2011, the French Constitutional Council took a decision concerning the issue of the 
evictions of unlawful  group  settlements40.  This issue was not  addressed by the Commission 
intervention  in  the  summer  201041  as  such  evictions  do  not  concern  the  expulsion  of  EU 
citizens from a Member State and therefore do not concern the right to free movement. The 
Court  declared  unconstitutional  certain  legal  provisions  enabling  authorities  to  enforce 
evictions on an urgent basis at any time of the year, without taking into account the personal 
or  family  circumstances  of  the  individuals.  This  decision  confirms  that  where  EU  law  does 
not  come  into  play,  fundamental  rights  continued  to  be  enforced  at  national  level,  in 
particular, through the courts. 

In May 2011, the Commission engaged in an intensive dialogue with the Danish government 
on its plans to introduce strengthened intra-EU border control measures. In October 2011, 
the Danish government announced that it would not go ahead with the plans and that customs 
controls  would  be  implemented  in  line  with  EU  rules  on  free  movement  and  the  Schengen 
acquis.  

The Commission also contacted the Danish authorities regarding amendments to the Danish 
Aliens' Act that entered into force in July 2011. These aim at introducing stricter rules on the 
expulsion  of  aliens,  including  EU  citizens,  and  raise  serious  concerns  about  their 
compatibility with the Free Movement Directive. The Commission will not hesitate to make 
use  of  the  powers  conferred  to  it  by  the  Treaty  should  the  Danish  reply  be  deemed 
unsatisfactory. 

39 

40 

41 

Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside 
freely within the territory of the Member States, OJ L 158 , 30.04.2004, p. 77 – 123.  
French Constitutional Council, Decision n°. 2011-625 DC of 10 March 2011, available at: 
http://www.conseil-constitutionnel.fr/conseil-
constitutionnel/root/bank/download/2011625DCen2010625dc.pdf  
See Commission 2010 Report on the application of the Charter, page 10, available at: 
http://ec.europa.eu/justice/fundamental-rights/files/annual_report_2010_en.pdf  

EN 

10 

   EN 

 
                                                 
 
 
3.2. 

Promoting the rights of the child  

The Commission adopted the EU Agenda for the Rights  of the  Child in February 201142. 
The EU Agenda aims to put in practice the rights of the child enshrined in the Charter and the 
UN Convention on the Rights of the Child through a comprehensive programme of actions for 
the  period  from  2011-2014.  The  EU  Agenda  identified  11  concrete  actions  which  will 
contribute  to  the  effective  implementation  and  protection  of  the  rights  of  the  child.  In  the 
context  of  this  comprehensive  approach  to  children's  rights,  the  Commission  has  prioritized 
efforts to ensure that the justice system is better adapted to children and more child-friendly. 
The Commission also fixed priorities for the protection of children when they are vulnerable 
and to safeguard the rights of the child in the EU's external action. The Commission further 
launched  a  single  online  entry  point  for  children  called  the  Kid's  Corner43  containing  child-
friendly  texts,  games  and  quizzes  informing  children  about  their  rights,  as  part  of  this 
programme of actions. 

The  EU  adopted  new  rules  on  combating  the  sexual  abuse  and  sexual  exploitation  of 
children and child pornography44 to make it easier to fight crimes against children by acting 
on different fronts. The new rules criminalise a wide range of situations of sexual abuse and 
exploitation,  covering  new  phenomena  helped  by  the  Internet,  such  as  child  grooming, 
webcam abuse and web viewing of child abuse material.  

The Commission continued to provide support for the establishment and operation of the tools 
designed  to  help  missing  or  abducted  children,  namely  the  116  000  hotlines  for  missing 
children and child alert systems. Concerted efforts by some Member States45 are necessary to 
have  the  hotline  operational  and  widely  known  throughout  the  EU.  The  Commission  will 
pursue its efforts to make this a reality. 

The  entry  into  force  in  Russia  of  the  Hague  Convention  on  the  Civil  Aspects  of 
International Child Abduction46 and the steps taken by Japan in view of its accession to the 
Convention are significant developments contributing to the protection of children in the EU 
in  cases  of  abduction.  The  Commission  submitted  proposals  to  ensure  consistency  in  the 
application of the Convention between the EU and the third States which have acceded to it in 
recent years47.  

3.3. 

Reinforcing victims' rights and procedural rights  

The  Commission  proposed  a  new  set  of  instruments  to  guarantee  that  victims  are  treated 
with respect and dignity, receive protection and support for their physical integrity and their 

42 

43 
44 

45 

46 

47 

Commission  Communication:  An  EU  Agenda  for  the  Rights  of  the  Child,  COM(2011)  60  final, 
available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0060:en:NOT  
Available at: http://europa.eu/kids-corner/index_en.htm  
Directive on combating the sexual abuse and sexual exploitation of children and child pornography, and 
replacing Council Framework Decision 2004/68/JHA, available at:  
http://register.consilium.europa.eu/pdf/en/11/pe00/pe00051.en11.pdf  
Austria,  Bulgaria,  Cyprus,  Czech  Republic,  Finland,  Ireland,  Latvia,  Lithuania,  Luxembourg,  and 
Sweden have yet to make the hotline operational. 
Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, available 
at: http://www.hcch.net/index_en.php?act=conventions.text&cid=24  
Albania, Andorra, Armenia, Gabon, Morocco, Russia, Seychelles and Singapore. 

EN 

11 

   EN 

 
                                                 
 
property,  and  have  access  to  justice  and  compensation.  The  proposed  new  rules48  pay  due 
attention to victims with special needs, such as children. In addition, the Commission worked 
to protect victims of violence (such as domestic violence) from further harm inflicted on them 
by the offender when they travel within the EU49. The new rules also ensure that the right of 
defence  is  not  harmed.  The  Directive  on  preventing  and  combating  trafficking  in  human 
beings  provides  for  a  comprehensive  range  of  rights  for  victims  in  criminal  proceedings, 
including  as  regards  victims  assistances  and  supports  as  well  as  for  child  victims  of 
trafficking50.  

Major  progress  has  been  achieved  towards  the  adoption  of  the  Commission  proposals  to 
strengthen suspects' procedural rights. The European Parliament and the Council adopted a 
new  set  of  rules  ensuring  that  the  suspects  of  a  criminal  offence  are  informed  about  their 
rights  in  a  language  that  they  understand.  Anyone  arrested  will  have  to  be  informed  about 
their  rights  by  a  document  called  a  Letter  of  Rights.  The  Commission  also  submitted  a 
proposal  for  new  rules  securing  amongst  others  access  to  a  lawyer  from  the  first  stage  of 
police questioning and throughout criminal proceedings51. The Commission launched a public 
consultation  on  detention  issues  in  the  EU,  to  explore  the  possibility  of  establishing  similar 
standards of protection across the EU52.  

3.4. 

Fight against xenophobic and racist hate speech 

The European Parliament expressed its concern about the occurrence of xenophobic and racist 
hate  speech  and  crimes  in  EU  Member  States  on  a  number  of  occasions.  According  to  the 
2011 Annual Report of the EU Agency for Fundamental Rights, "10 of the 12 Member States, 
which  publish  sufficient  criminal  justice  data  on  racist  crime  to  be  able  to  undertake  an 
analysis of trends, experienced an upward trend in recorded racist crime"53 during the period 
2000-2009.  

In reply to European Parliament concerns, the Commission reiterated its firm rejection of 
all forms and manifestations of xenophobia and racism. It recalled that public authorities 
must  unequivocally  condemn  and  actively  fight  against  such  behaviour.  Any  statement 
linking criminality with a certain nationality stigmatises that nationality and fuels xenophobia, 
and  is  therefore  incompatible  with  the  principles  of  human  dignity,  equality  and  respect  for 
fundamental rights on which the EU is founded.  

48 

49 

50 

51 

52 

53 

Proposal for a Directive of the European Parliament and the Council establishing minimum standards 
on the rights, support and protection of victims of crime, COM(2011) 275, available at:  
http://ec.europa.eu/justice/policies/criminal/victims/docs/com_2011_275_en.pdf  
Communication from the Commission: Strengthening victims' rights in the EU, COM(2011) 274 final, 
available at: http://ec.europa.eu/justice/policies/criminal/victims/docs/com_2011_274_en.pdf  
Proposal  for  a  Regulation  on  mutual  recognition  of  protection  measures  in  civil  matters,  COM(2011) 
276, available at http://ec.europa.eu/justice/policies/criminal/victims/docs/com_2011_276_en.pdf  
Directive  2011/36/EU  on  preventing  and  combating  trafficking  in  human  beings  and  protecting  its 
victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.04.2011, p. 1-11.  
Proposal for a Directive on the right of access to a lawyer in criminal proceedings and on the right to 
communicate upon arrest, COM(2011) 326, available at: 
http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0326:FIN:EN:PDF  
Green  Paper:  Strengthening  mutual  trust  in  the  European  judicial  area  –  A  Green  Paper  on  the 
application  of  EU  criminal  justice  legislation  in  the  field  of  detention,  COM(2011)  327,  available  at: 
http://ec.europa.eu/justice/policies/criminal/procedural/docs/com_2011_327_en.pdf  
EU Agency for Fundamental Rights, 'Fundamental Rights: Challenges and achievements in 2010', June 
2011, p. 127. Available at: http://fra.europa.eu/fraWebsite/attachments/annual-report-2011_EN.pdf 

EN 

12 

   EN 

 
                                                 
 
 
 
The  Commission  is  determined  to  ensure  the  conformity  of  national  laws  with  EU  law 
prohibiting  racist  and  xenophobic  hate  speech  and  crime54.  By  the  end  of  the  year,  22 
Member States had communicated to the Commission their national laws intended to penalise 
racist  and  xenophobic  hate  speech.  The  Commission  did  not  receive  any  notifications  of 
implementing measures from Belgium, Estonia, Greece, Spain and Poland. The Commission 
will assess notifications in 2012 in order to verify the compliance of national laws with EU 
law. It will work towards complementing this with a regular dialogue among Member States 
on  monitoring  organised  propagation  of  racism  and  hate  speech,  for  instance  through  racist 
websites, in order to strengthen the basis for joint analysis and reporting on such phenomena, 
in particular when they include a cross-border dimension.  

Discrimination  based  on  racial  or  ethnic  origin  is  prohibited  in  EU  law  and  the 
Commission is committed to ensuring that Member States comply with it. Proceedings against 
four  Member  States  for  non-compliance  with  these  legal  requirements  were  closed,  as  they 
brought their national laws into conformity. The Commission will pursue its efforts with three 
Member States for which proceedings are pending55.  

The  Commission  reaffirmed  the  need  for  a  positive  attitude  towards  diversity  and  for  equal 
treatment in the "European Agenda for the Integration of Third-Country Nationals"56. Efforts 
to  fight  against  discrimination  and  to  give  migrants  instruments  to  become  acquainted  with 
the fundamental values of the EU and its Member States should be strengthened.  

The  EU  made  a  major  step  forward  in  promoting  the  social  and  economic  integration  of 
Roma  with  the  Commission's  communication  on  the  "EU  framework  for  national  Roma 
integration strategies up to 2020"57. This EU Framework calls upon Member States to prepare 
or revise their national Roma integration strategies in the light of the EU goals defined in the 
framework,  and  to  present  them  to  the  Commission  by  end  of  December  2011.  The  EU 
Framework  was  also  endorsed  by  the  European  Council58  and  welcomed  by  the  European 
Parliament.  

The  EU  gave  financial  support  to  civil  society  actions  and  national  policies  to  combat 
discrimination,  promote  equality  and  improve  redress  as  regards  racist  speech  and  crime59. 
The  Commission  also  supports  the  work  of  the  EU  Agency  for  Fundamental  Rights  in 
collecting  data  on  the  situation  of  fundamental  rights,  racism  and  discrimination  in  the 
Member States. The Agency published several studies and handbooks addressing for instance 
the role of Holocaust memorial sites in human rights education, the situation of Anti-semitism 

54 

55 

56 

57 

58

59 

Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and 
xenophobia by means of criminal law, OJ L 328, 6.12.2008, p. 55 – 58.  
Council Directive 2000/43/EC of 29 June 2000, implementing the principle of equal treatment between 
persons irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22 - 26.  
Communication  from  the  Commission:  European  Agenda  for  the  Integration  of  Third-Country 
Nationals, COM(2011) 455 final, available at: 
http://ec.europa.eu/home-affairs/news/intro/docs/110720/1_EN_ACT_part1_v10.pdf  
Communication from the Commission: An EU Framework for National Roma Integration Strategies up 
to 2020, COM(2011) 173 final, available at: 
http://ec.europa.eu/justice/policies/discrimination/docs/com_2011_173_en.pdf  
European 
http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/123075.pdf.  
For  instance,  in  2011,  over  twenty  projects  addressing racism  and  xenophobia  or  promoting  diversity 
and tolerance were supported through the Fundamental Rights and Citizenship Programme amounting 
to financial support of more than €9.5 million. Further information on this programme is available at: 
http://ec.europa.eu/justice/grants/programmes/fundamental-citizenship/index_en.htm  

Conclusions, 

Council 

2011, 

June 

24 

EN 

13 

   EN 

 
                                                 
 
 
 
 
in  the  EU,  European  non-discrimination  law,  multiple-  discrimination  and  the  protection  of 
minorities in the EU. 

3.5. 

Contributing to EU competitiveness 

The Charter served as a compass when shaping EU initiatives to promote growth. A number 
of EU measures have been assessed in the light of the right to an effective remedy before a 
tribunal  (Article  47  of  the  Charter).  This  right  is  important  for  all  citizens  but  also  for  the 
enforcement  of  EU  economic  law  that  contributes  to  growth.  It  ensures  that  enterprises  can 
effectively uphold the rights granted in EU legislation and it provides a safeguard against the 
risk  of  unlawful  action,  and  arbitrariness  of  authorities  having  supervisory  powers.  The 
Commission  assessed  a  number  of  EU  measures  in  the  light  of  the  right  to  an  effective 
remedy before a tribunal. These measures included the proposed legislation related to markets 
in  financial  instruments,  market  abuse,  transparency  in  financial  markets,  statutory  audits, 
professional qualifications and consumer alternative dispute resolution.  

In 2011, the right to an effective remedy was the most quoted right in the decisions of the 
Court  of  Justice  of  the  EU  referring  to  the  Charter  and  it  was  mentioned  in  a  third  of  all 
these decisions. The right to an effective remedy requires an independent, impartial and fully 
functioning judiciary.  

The freedom to conduct a business (Article 16 of the Charter) is of particular relevance for 
EU  competitiveness  and  the  Commission  duly  took  account  of  it  in  the  preparation  of  new 
legislation  on  the  market  for  financial  instruments,  insurance  mediation,  credit  ratings 
agencies and on recording equipment for road transport (tachographs). Freedom to conduct a 
business was also a key consideration in the preparation of the Common European Sales Law 
proposal  aimed  at  removing  obstacles  resulting  from  divergences  between  national  contract 
laws60. The Court of Justice recognized the importance of the freedom to conduct a business 
in its landmark rulings in the Scarlet61 and Sabam cases62. The Court declared that obliging an 
internet  service  or  hosting  provider  to  install  a  filtering  system  in  order  to  prevent  an 
infringement  of  intellectual  property  rights  would  infringe  the  freedom  of  the  provider  to 
conduct  its  business,  as  well  as  its  customers'  rights  to  the  protection  of  their  personal  data 
and  to  receive  or  impart  information.  These  rulings  underline  the  importance  of  taking  into 
account all the fundamental rights involved by a given measure and to ensure its compliance 
with all these rights.  

In several initiatives, the Commission paid particular attention to the right to property (Article 
17  of  the  Charter)  which  provides  that  intellectual  property  shall  be  protected.  The 
Commission  presented  a  Communication  on  'A  Single  Market  for  Intellectual  Property 
Rights'63,  where  it  announced  a  number  of  initiatives,  including  a  possible  review  of  EU 
legislation on the enforcement of intellectual property rights in particular in the light of piracy 

60 

61 
62 
63 

Proposal  for  a  Regulation  of  the  European  Parliament  and  the  Council  on  a  common  European  sales 
law, COM (2011) 635 final, available at: 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2011:0635:FIN:EN:PDF  
ECJ, Case C-70/10, Scarlet v SABAM, 24.11.2011. 
ECJ, Case C-360/10, SABAM v. Netlog, 16.2.2012. 
Communication  from  the  Commission:  A  Single  Market  for  Intellectual  Property  Rights  Boosting 
creativity  and  innovation  to  provide  economic  growth,  high  quality  jobs  and  first  class  products  and 
services in Europe, COM(2011) 287 final, available at: 
http://ec.europa.eu/internal_market/copyright/docs/ipr_strategy/COM_2011_287_en.pdf  

EN 

14 

   EN 

 
                                                 
 
 
over the internet. The Commission announced that such a review will require conducting an 
impact assessment, not only on the right to property, but also on the rights to private life, the 
protection  of  personal  data,  freedom  of  expression  and  information  and  the  right  to  an 
effective  remedy.  As  explained  in  the  Charter  Strategy,  highlighting  potential  fundamental 
rights aspects upstream of the preparation of proposals encourage contributions that will feed 
into the impact assessment of the review. 

3.6. 

Key steps for the EU accession to the European Convention on Human Rights  

The Commission took concrete steps to comply with the requirement enshrined in the Lisbon 
Treaty that the EU accedes to the European Convention on Human Rights. The Commission 
conducted  technical  negotiations  on  accession  with  experts  from  Member  States  of  the 
Council  of  Europe  as  the  current  parties  to  the  Convention.  A  draft  accession  agreement, 
elaborated in June 2011, is currently under scrutiny within the Council.  

4. 

CONCLUSIONS 

In 2011, the EU took further concrete steps for the effective implementation of the Charter. 
These efforts served to help citizens enjoy their fundamental rights when EU law comes into 
play.  

In  particular,  in  times  of  economic  crisis,  a  legally  stable  environment  based  on  the  rule  of 
law  and  the  respect  of  fundamental  rights  is  the  best  guarantee  for  citizens'  trust  and  the 
confidence of partners and investors. The Commission is convinced that all EU institutions, 
Member  States  and  stakeholders  must  continue  to  work  together  to  put  the  Charter  into 
practice. 

EN 

15 

   EN