Justice, fundamental rights and equality : building a European area of justice.
Date: 2014-11-06
Institutions: Directorate-General for Communication
Subjects: European citizenship, area of freedom, security and justice, citizens' Europe, dissemination of EU information, economic growth, human rights, public awareness campaign, right to justice, single market

T H E   E U R O P E A N  
U N I O N  
E X P L A I N E D

Building a 
European area 
of justice

Justice, 
fundamental 
rights
and equality 

J us tic e  fo r  c iti zens   an d  jus t ice   fo r 
gr owth :  a t rue   E uro pe an   ar e a  o f 
jus t ice   wil l  make  ci t izen s’  l ive s  b e tte r 
and   al low  b us in es s es  t o  m ake f u ll   us e 
o f  t he   sin gl e  m arket .

CONTENTS

Why we need effective
justice policies  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . . 3

How the EU goes about it: tools 
and targets  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . . 5

What the EU does: improving 
the day-to-day lives of citizens 
and businesses .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . . 9

Outlook: empowering citizens 
and fostering growth .  .  .  .  .  .  .  .  .  .  .  .  . 14

Find out more  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . 16

The EU explained:  
Justice, fundamental rights and equality

European Commission
Directorate-General for Communication
Citizens information
1049 Brussels
BELGIUM

Manuscript updated in November 2014

Cover and page 2 picture: © iStockphoto.com/J.L.Bulcao

16 pp. — 21 × 29.7 cm
ISBN 978-92-79-42583-7
doi:10.2775/88110

Luxembourg: Publications Office  
of the European Union, 2014

© European Union, 2014
Reproduction is authorised. For any use or reproduction 
of individual photos, permission must be sought directly 
from the copyright holders.

THE EUROPEAN UNION 
EXPLAINED

This publication is a part of a series that explains  
what the EU does in different policy areas,  
why the EU is involved and what the results are. 

You can find the publications online:
http://europa.eu/pol/index_en.htm

http://europa.eu/!bY34KD

How the EU works
Europe in 12 lessons 
Europe 2020: Europe’s growth strategy
The founding fathers of the EU

Agriculture
Banking and finance 
Borders and security 
Budget
Climate action
Competition
Consumers
Culture and  audiovisual
Customs
Digital agenda 
Economic and monetary union and the euro
Education, training, youth and sport 
Employment and social affairs
Energy
Enlargement
Enterprise
Environment
Fight against fraud
Food safety
Foreign affairs and security policy
Humanitarian aid and civil protection 
Internal market
International cooperation and development

Justice, fundamental rights and equality 

Maritime affairs and fisheries 
Migration and asylum
Public health
Regional policy
Research and innovation
Taxation
Trade
Transport

Why we need effective justice policies

3

In a Europe of open borders, more and more people live, 
work, study and do business in other European Union 
(EU) countries. The EU makes it easier for citizens to 
exercise their rights by building a genuine European area 
of justice. The EU strives to strengthen mutual trust 
between courts and administrations of the 28 EU 
countries, so they mutually recognise each other’s 
judicial decisions. The harmonisation of justice rules and 
minimum standards across the EU as well as the access 
to justice on equal terms in all countries are key issues 
for a common justice area. In addition, the EU is working 
to enable people and businesses to take full advantage 
of its single market.

Providing practical solutions

EU justice policies aim to make it easier for citizens and 
businesses to exercise their rights and to provide 
practical solutions to cross-border problems. At present, 
some European citizens still face obstacles when, for 
example, living, travelling, studying or working in another 
EU country. Businesses might face problems related to 
differences in contract laws, tax or consumer legislation, 
administrative requirements or data protection rules.

The EU offers practical solutions to such cross-border 
problems and in doing so helps to unlock the full 
potential of the single market. As a result, citizens feel 
assured and trust that their rights are protected, no 
matter where in the EU they happen to be. At the same 
time, by reducing red tape and creating the legal 
certainty which businesses need to fully benefit from 
the opportunities of the single market, they start to rely 
on and have confidence in EU law.

Citizens must be able to exercise their rights, also when they 
are in an EU country other than their own.

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Current objectives

The fundamental objective of the EU in this respect is to 
develop a truly European area of justice based on 
mutual recognition and mutual trust. Citizens, consumers 
and businesses must be able to rely on and exercise 
their rights within and across national borders. This 
requires the full respect of the rule of law, fundamental 
rights and the independence of the judiciary.

The EU wants to deliver ‘justice for citizens and justice 
for growth’. The following areas are where citizens and 
businesses can expect the most from policymakers in 
Europe.

Civil justice: In a Europe of open borders, it is clear 
that in certain circumstances a citizen of one EU country 
might find himself/herself before a court in another EU 
country. To help in such cases, the EU promotes better 
access to justice, mutual recognition of judicial decisions 
and increased convergence in the field of procedural 
law. Common European procedural rules aim to help 
families with international backgrounds to sort out 
difficult problems such as divorce, custody disputes or 
the consequences of the death of a family member.

Since 1992, the single market has enabled people and 
businesses to move and trade freely across borders 
within the EU. The single market is yet to be completed 
as businesses and consumers face problems such as 
contract-law related obstacles, differences in tax or 
consumer legislation and administrative requirements. 
Furthermore, the substantial set of laws developed over 
the past 20 years to protect consumers’ economic 
interests still needs to be better enforced and will be 
further adapted to changing business models and 
consumption patterns. For more information about  
EU consumer policy, see the ‘Consumers’ brochure in 
this series.

Criminal justice: There is often a European dimension 
to criminal matters. In cases where it is suspected, for 
example, that a criminal organisation is operating in 
several EU countries, or that a suspected criminal is 
hiding in a different EU country, judicial cooperation is 
necessary. Such cooperation involves strengthening 
dialogue and action between the criminal justice 
authorities of EU countries. To this end, the EU is 
developing the European criminal justice area where 
national law enforcers and judiciaries can thoroughly 
trust and rely on each other. This will increase citizens’ 

JUSTICE, FUNDAMENTAL RIGHTS AND EQUALITY 
4

confidence in the fairness of criminal proceedings, 
particularly with regard to the protection of their rights 
when they are in court in another country, or if they fall 
victim to a crime there.

Fundamental rights: The Charter of Fundamental 
Rights of the European Union became legally binding 
with the entry into force of the Lisbon Treaty in 2009. 
The Union actions must be beyond reproach when it 
comes to fundamental rights and the EU must ensure 
that rights provided for in the Charter are observed. The 
Charter must serve as a compass for the Union's 
policies and their implementation by EU countries.

EU citizenship: EU citizenship is conferred 
automatically on all nationals of all EU countries and 
gives each and every citizen of the Union an additional 
set of rights which have a concrete and positive impact 
on their daily lives. The EU monitors the implementation 
and application by Member States of EU citizenship 
rights as provided by the Treaty to ensure that EU 
citizens can actually exercise these rights.

Equality: Gender equality and non-discrimination are 
amongst the EU’s founding values. The EU acts on 
behalf of citizens to prevent discrimination on grounds 
of sex, racial or ethnic origin, religion or belief, disability, 
age and sexual orientation, by means of legislation, 
funding and policies in areas concerning all these 
categories such as employment and access to goods 
and services on equal terms for people with disabilities. 
The EU aims to further strengthen gender equality 
throughout the EU by reducing the gender pay gap and 
increasing the number of women in positions of 
responsibility, particularly in politics and business, as 
well as by preventing gender-based violence and 
enhancing the protection of and support to victims.

Joined-up thinking — links with other 
policy areas

Justice policies are built around the interlocking goals 
of ‘Justice for Citizens’ and ‘Justice for Growth’ and they 
contribute to Europe 2020 — the EU’s growth agenda 
for the coming decade.

The EU is working in several policy areas to make sure 
that EU citizens can fully enjoy their rights in their daily 
lives. The EU Citizenship report, published in 2013, 
builds on the achievements of the first report of this 
kind adopted in 2010 and presents 12 key actions 
which the European Commission is undertaking to 
improve the lives of EU citizens, notably in cross-border 
situations. A dedicated progress sheet shows the 
achievements made through the implementation of the 
actions laid out in the 2010 Citizenship Report.

Despite the achievements so far, the single market is 
not yet complete. Justice for Growth policies aim at 
clear consumer and commercial rules and efficient 
dispute resolution both at national and EU level. These 
facilitate cross-border trade and enable companies and 
consumers to take greater advantage of the 
possibilities offered by the internal market and thus 
help increase the potential of the single market.

Whether working in their own or another EU country, 
citizens have certain minimum rights related to non-
discrimination, health and safety at work, equal 
opportunities for women and men and equal treatment at 
work. They are also entitled to a high level of consumer 
protection. With its European Consumer Agenda the 
European Commission published its overall consumer 
strategy to be implemented across all EU policies.

PERCENTAGE OF WOMEN AND MEN ON THE BOARDS OF THE LARGEST PUBLICLY QUOTED COMPANIES — 2012

100

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90

80

70

60

50

40

30

20

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Source: European Commission. 

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THE EUROPEAN UNION EXPLAINED 
How the EU goes about it: tools and targets

5

The EU has put rules in place to guarantee these rights 
and is endeavouring to make sure citizens can enjoy 
them freely and without obstacles.

The increasing prevalence of the free movement of 
persons, goods and services inevitably results in an 
increase in the number of cross-border disputes. The EU 
has put in place a number of procedures designed to 
help individuals with cross-border litigation. For 
example, the civil judgments given by courts of one 
Member State are recognised and enforced in all other 
Member States. The EU aims to ensure that people can 
approach courts and authorities in any EU country as 
easily as in their own. With the aim of offering EU 
citizens legal assurance in cross-border family-related 
legal disputes, some legal instruments have been 
adopted by the EU over recent years and some other 
important tools are being negotiated.

When travelling abroad everyone faces the risk of 
falling victim to a crime or of being accused or 
suspected of a criminal offence. The EU is working on a 
series of ‘fair trial rights’ to be applied throughout the 
EU, designed to set common EU minimum standards in 
criminal cases. Defendants’ rights to information, 
translation and interpretation during criminal 
proceedings throughout the EU and to access a lawyer 
and to communicate upon arrest are already enshrined 
in law. All these directives guarantee fair trial rights 
from the first stage of police questioning and 
throughout criminal proceedings. A new package of 
legislative proposals to strengthen procedural 
safeguards for citizens in criminal proceedings is 
currently being discussed. It addresses the principle of 
the presumption of innocence and the right to be 
present at trial, special safeguards for suspected and 
accused children, and the provision of legal aid. In 
addition, the EU strengthens citizens’ rights and sets 
minimum standards for the support and protection of 
victims of crime or violence. Victims’ rights are 
fundamental rights, including the respect for human 
dignity, private and family life and property.

Legal framework

The Lisbon Treaty entered into force in December 2009. 
It reinforces democracy in the EU and its capacity to 
promote the interests of citizens on a day-to-day basis. 
By placing citizens at the heart of all EU policies, the 
Lisbon Treaty has effectively revolutionised EU 
policymaking in the areas of justice, fundamental rights 
and citizenship.

Since the entry into force of the Lisbon Treaty the  
EU now has the mandate to legislate in the area of 
criminal law.

Moreover, the Charter of Fundamental Rights of the 
European Union was made binding by the Lisbon 
Treaty. The EU institutions must respect the rights 
enshrined in the Charter. The Charter also applies to EU 
countries when they implement EU law.

Since early 2011 the European Union has also been 
party to the United Nations Convention on the Rights of 
Persons with Disabilities (UNCRPD) that has thus 
become part of the EU legal order. This means that the 
UNCRPD is binding on the European Union and forms 
part of EU law.

Justice for citizens

Every national of an EU Member State is also an EU 
citizen. EU citizenship does not replace national 
citizenship. Instead, it confers upon all EU citizens an 
additional set of rights, guaranteed by the EU Treaties, 
which lie at the heart of their everyday lives. These 
rights are:

•  to be able to travel and live anywhere in the EU;
•  not to be discriminated against on grounds of 

nationality;

•  to be able to vote and stand as a candidate in 

municipal and European Parliament elections in his/
her place of residence regardless of nationality;
•  to be assisted by another EU country’s embassy or 

consulate outside the EU, under the same conditions 
as a citizen of that country;

•  to petition the European Parliament and to bring a 

case to the European Ombudsman;

•  to initiate or to sign, together with other EU citizens, a 

citizens’ initiative to call for new EU legislation.

JUSTICE, FUNDAMENTAL RIGHTS AND EQUALITY6

Rights and freedoms

The Charter of Fundamental Rights of the EU 
contains the six fundamental rights and freedoms 
protected in the EU. They are:
 — dignity
 — freedoms
 — equality
 — solidarity
 — citizens’ rights
 — justice.

Proclaimed in 2000, the Charter became legally 
binding in the EU with the entry into force of the 
Lisbon Treaty in December 2009.

The Charter must be respected by the EU 
institutions and national authorities, 
including the courts, when they are
implementing EU law. For example, the Charter 
applies when EU countries adopt or apply a national 
law implementing an EU directive or when their 
authorities apply an EU regulation directly. The 
Charter does not extend the competence of the EU 
to matters not included in the Treaties.

In cases where the Charter does not apply, the 
protection of fundamental rights is guaranteed 
under the constitutions or constitutional traditions 
of EU countries and any international conventions 
they have ratified.

Where should you turn to if you believe that your 
fundamental rights have been violated? Consult the 
European e-Justice Portal! 

http://e-justice .europa .eu/

EU CHARTER OF FUNDAMENTAL RIGHTS
When does it apply and where to go in case of violation?

THE CHARTER
DOES NOT APPLY

FUNDAMENTAL
RIGHTS 
VIOLATION 
BY A 
MEMBER STATE 

THE CHARTER
APPLIES

Fundamental rights
are guaranteed by 
national constitutional 
systems and their 
obligation under the 
European Convention 
on Human Rights.     

When the fundamental
rights issue does not
involve the 
implementation of 
EU legislation, the 
Charter does not apply. 

When the 
fundamental rights 
issue involves the 
implementation of 
EU legislation, the
Charter applies. 
(e.g. a national
authority applies an
EU regulation)    

EUROPEAN COURT
OF HUMAN RIGHTS 
STRASBOURG 

RULING ON THE
APPLICATION OF 
THE EUROPEAN
CONVENTION 
FOR THE 
PROTECTION OF 
HUMAN RIGHTS
AND 
FUNDAMENTAL
FREEDOMS    

NATIONAL
COURT

NATIONAL
COURT

REFERRAL 
BY NATIONAL COURT

EUROPEAN
COMMISSION

COURT OF JUSTICE
OF THE
EUROPEAN UNION
LUXEMBOURG

 INFRINGEMENT PROCEDURE

THE EUROPEAN UNION EXPLAINEDEquality and non-discrimination are other rights 
enshrined in the Charter. For many years, EU action in 
the field of non-discrimination focused on preventing 
discrimination on the grounds of nationality and gender. 
Subsequently, Member States unanimously agreed to 
grant new powers to the EU to combat discrimination 
on the grounds of racial or ethnic origin, religion or 
belief, disability, age and sexual orientation in matters 
of employment. Today, additional EU legislation is in 
place to ensure equal treatment and prevent 
discrimination in matters of social security and access 
to goods and services.

In the EU, everyone has the right to the protection of 
personal data and common rules have been established 
to ensure that individuals enjoy a high standard of 
protection everywhere in the EU. A reform of these rules 
was proposed in early 2012 with a view to 
strengthening individuals’ rights and tackling the 
challenges of globalisation and new technologies.

Justice for growth

Businesses in the EU today are faced with wide-ranging 
and sometimes even contradictory data protection 
requirements, due to the different national laws in 
force. As well as protecting individual privacy, the 
aforementioned reform of the data protection rules 
aims at eliminating the complicated administrative 
burden, as well as many other costs linked to the 
different data protection requirements currently existing 
throughout the EU. With further harmonised personal 
data protection rules in place across the EU, consumers 
can feel more confident when purchasing goods and 
services online. This is a crucial step towards ensuring 
that e-commerce contributes fully to much-needed 
economic growth and job creation.

That is why the European Commission also updates EU 
consumer legislation and adapts it to current online 
practices, most recently through the introduction of the 
consumer rights directive which became applicable on 
13 June 2014. Europe’s 500 million consumers make a 
significant contribution to driving economic recovery in 
the EU. Therefore, the current legislation sets high 
standards of consumer protection in the EU and covers, 
amongst other areas, unfair marketing practices, such 
as misleading advertising, rules on consumer contracts, 
e.g. on unfair contract terms, product guarantees and 
information obligations (More information about 
consumer rights can be found in the ‘Consumers’ 
publication of the series).

7

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The European Commission has proposed a data protection 
reform package in order to boost Europe’s digital economy 
and strengthen online protection of personal data: Take 
control of your personal data!

The EU is working for a better provision of accessible 
goods and services in the European market. This 
concerns not only goods and services for everyday use 
with accessibility features for persons with disabilities 
but also for elderly people and many others. A better 
functioning of the internal market of such goods and 
services will contribute to economic growth and make it 
easier for companies to operate across the EU.

Obstacles to cross-border trade still persist. Traders 
have to comply with different national contract law 
rules if they want to sell their products in other EU 
countries. This is costly and puts many traders off doing 
business with customers abroad. To overcome this 
problem, the European Commission proposed a 
‘Common European Sales Law’ in 2011, with the aim 
of completing the single market, boosting growth and 
creating jobs. The objective, on the one hand, is to 
facilitate trade by offering a single set of rules for 
cross-border sales contracts across the EU. If traders 
offer their products on the basis of a common European 
sales law, consumers would have the option of choosing 
a user-friendly European contract with a high level of 
protection. On the other, this proposal also promotes 
the digital single market by offering a single set of rules 
for the supply of digital content.

JUSTICE, FUNDAMENTAL RIGHTS AND EQUALITY 
 
8

INTEREST IN A COMMON EUROPEAN SALES LAW (1)

Financing justice policies

The EU is funding two programmes, the ‘Justice 
Programme’ and the ‘Rights, Equality and Citizenship 
Programme’, which will run from 2014–20 with an 
overall budget of €817 million. Both are simpler and 
more management-efficient compared to previous 
programmes and they will consolidate six existing 
funding programmes in the justice and rights field. The 
Justice Programme aims to make sure that EU 
legislation in civil and criminal matters is applied 
effectively. This will help to ensure proper access to 
justice for people and businesses in cross-border legal 
cases in Europe. The programme will also support EU 
actions aimed at tackling drugs and crime. The Rights, 
Equality and Citizenship Programme will help to make 
people’s rights and freedoms effective in practice by 
making them better known and more consistently 
applied across the EU. It will promote the rights of the 
child, the rights of people with disabilities and 
citizenship rights, data protection, gender equality and 
the principle of non-discrimination. Likewise, it will 
combat racism, xenophobia, homophobia and violence 
against women and children.

Very unlikely;
8 %

Unlikely;
12 %

Don’t know; 9 %

Very likely;
31 %

Likely; 40 %

(1) A recent survey demonstrates a clear business interest. The chart 
shows the replies from businesses to the question as to whether they 
are likely to use a European consumer contract law for EU cross-
border sales to consumers. 

Efficient justice systems and a sound regulatory 
environment can make a major contribution to boosting 
economic growth in Europe. Thanks to EU law 
commercial judgments are automatically recognised in 
all EU Member States. Solutions can be simple and 
low-cost and still inject much-needed efficiency into 
European justice systems and boost growth. The EU 
supports the use of mediation and other alternative 
dispute resolution (ADR) mechanisms as quicker and 
cheaper alternatives to going to court. Mediation and 
ADR give citizens and businesses the option of settling 
their differences out of court. This saves them both 
time and money. It can solve disputes between 
businesses, employers and employees, landlords and 
tenants, or families, so that they can maintain and even 
strengthen their relationships in a constructive way — a 
result that cannot always be achieved through court 
proceedings. At the same time, an agreement reached 
by way of mediation is binding and can be enforced.

THE EUROPEAN UNION EXPLAINEDWhat the EU does: improving the day-to-day 
lives of citizens and businesses

9

Achievements over time

Justice, fundamental rights and citizenship policies are 
based on the values and principles that are dearest to 
Europeans, such as democracy, freedom, tolerance and 
the rule of law.

Over the last 50 years, the EU has taken decisive steps 
towards a European area of justice. In 1968, the first 
convention on jurisdiction and enforcement of civil and 
criminal judgments was agreed. In the 1970s the 
European Court of Justice established that equality is a 
fundamental right. Since the entry into force of the 
Lisbon Treaty, the Charter of Fundamental Rights of the 
EU has become legally binding on the EU and 
fundamental rights are general principles of EU law. 
Since 1992, the single market has enabled people and 
businesses to trade freely across borders within the EU. 
Over the same period of time a substantial set of laws 
has been developed to protect the economic interests of 
consumers and safeguard their present high level of 
protection. In 1993, European citizenship was officially 
established and since then each and every one of us in 
Europe has additional rights: the right to live, travel, 
study, work, retire, shop, get married, receive health care 
and take part in democratic life — anywhere in the EU.

Citizens

The following examples representing achievements in 
justice for citizens show how these policies have had an 
impact to improve the day-to-day lives of citizens.

As people travel freely within the EU, it is important 
that they enjoy unrestricted access to the judicial 
system of the country they are in. Cooperation has 
intensified between national judicial authorities to 
ensure that legal decisions taken in one country are 
recognised and enforced in any other country. This is 
especially important in family law. With an increasing 
number of people living in EU countries other than their 
own, more international families are being formed. 
When international couples with children separate, EU 
rules on divorce, child custody and maintenance claims 
encourage amicable solutions and give legal certainty 
on jurisdiction and the applicable law where disputes 
are taken to court. 

Eva from Hungary and Rolf from Germany live in Italy. 
They have one daughter, Anna. After some years, Eva 

wanted to divorce. Thanks to EU rules, Eva was able to 
file for divorce in Italy. As Eva and Rolf are on good 
terms, they signed an agreement choosing German law 
for their divorce, which the Italian court applied. Since 
Eva and Rolf’s daughter, Anna, also lives in Italy, the 
Italian court could also decide on Anna’s custody and 
her parents’ visiting rights. On Eva’s request, the Italian 
court also determined the maintenance for Anna. 

As regards wills and succession, EU rules will ensure as 
of 2015 that the choices of citizens who made 
decisions about their estate before their death are 
recognised in all EU Member States. EU rules make it 
clear which authority is competent in handling the  
succession and ensure that any decisions of these 
authorities will be recognised and enforced everywhere 
in the EU. Moreover, heirs and estate administrators will 
be able to prove their status and rights everywhere in 
the EU on the basis of the European Certificate of 
Succession. This legal framework brings much-needed 
legal certainty for the 450 000 cross-border 
successions per year in the Union and facilitates the 
administration of succession estates valued at more 
than €120 billion. 

In the area of criminal law, citizens can rely on EU-wide 
‘fair trial’ rights if accused or suspected of a criminal 
offence.

Erkki from Finland travelled to Italy on holiday and was 
arrested. He has the right to obtain interpretation and 
legal advice in the Finnish language throughout the 
proceedings in Italy. Erkki will also be given a ‘Letter of 
Rights’ in his native language, listing his basic rights 
during criminal proceedings.

The EU works to improve cooperation between the judicial 
authorities in EU countries.

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JUSTICE, FUNDAMENTAL RIGHTS AND EQUALITY 
10

Championing victims’ rights across the EU is a key 
priority for Europe. Thanks to the Lisbon Treaty, the EU 
can now put effective EU law in place. As a first step, it 
has introduced rules for all EU countries establishing 
minimum standards on rights, support and protection 
for victims of crime. This ensures that victims get the 
recognition and respect they deserve and the same 
level of protection, support and access to justice 
throughout the EU, no matter where in the EU they 
come from or live.

Anna was mugged and beaten on the street. Her 
attacker was caught and she found the courage to go to 
court to testify. Thanks to EU rules, Anna can be sure 
that she and her offender will be kept apart during the 
proceedings and that she does not have to face him.

The EU has been taking action for more than 50 years 
to defend the principle of equal pay for equal work or 
work of equal value. In 1957, the Treaty of Rome 
provided a basis for the adoption of several important 
pieces of European legislation on equal pay.

In the 1970s, Gabrielle Defrenne worked as a 
stewardess for the airline Sabena. The airline paid her 
less than her male colleagues who did the same work. 
Ms Defrenne successfully invoked her right to equal 
treatment on grounds of gender equality before the 
European Court of Justice. This is probably the best-
known example of directly enforceable EU law.

All EU citizens are entitled to consular assistance if they 
are outside the EU where their own country is not 
represented. EU citizens can go to any other EU country’s 
consulate or embassy to ask for help and receive such 
help under the same conditions as nationals of that EU 
country, if they are, for example, arrested, have had a 
serious accident or have lost important documents. EU 
citizens are also entitled to assistance in crisis 
situations. EU countries must help citizens evacuate 
when necessary, as if they were their own nationals. 
Citizens can find out if their country is represented in the 
country to which they are travelling on the European 
Commission’s consular protection website.

Aristoteles from Greece travelled to Bangladesh on 
business and lost his passport. As Greece is not 
represented in Bangladesh, Aristoteles did not know 
where to turn to. He checked on the consular protection 
website and found out that the representations of 
Denmark, Italy or Germany in Dhaka would be able to 
help him.

When buying goods and services anywhere in the EU, 
citizens have consumer rights relating to product 
information, the length of product guarantees, claiming 
for repairs, replacements or refunds, paying value 

Easier access to information
The launch of the European e-Justice Portal in 2010 
was just the first step in developing a multilingual 
online access point that makes life easier for 
citizens, businesses and practitioners in Europe.

The European e-Justice Portal is the one-stop shop 
for access to justice information. It provides citizens 
with easy access to the tools and the latest 
information relating to one’s rights within the 
European Union and to solve conflicts either in or 
outside of court. And it’s available in 23 languages!

http://e-justice .europa .eu

added tax (VAT) on purchases abroad and buying 
services from another EU country. EU rules also 
facilitate the recovery of cross-border debts.

Jean lives in France and bought a bike from a shop in 
the Netherlands but it never arrived. His bank account 
had already been debited for payment. Jean checked on 
the European e-Justice Portal and found all the 
information and forms he needed to enable him to 
apply to the small claims procedure that covers cross-
border claims up to €2 000.

The European Commission proposes to increase the 
value of claims that fall under the European Small 
Claims Procedure to €10 000, making it an even easier 
facility to use.

European legislation protects consumers going on 
package holidays and provides protection, for example, 
in case a tour operator goes out of business. Travellers 
booking a package holiday in the EU have the right to 
receive a refund of their prepayments or, if they are 
already at their holiday destination, to be brought home.

In July 2013, the European Commission made a 
proposal to modernise the 1990 EU directive on 
package travel, which has served as the bedrock for 
the protection offered to EU holidaymakers. It 
guarantees comprehensive protection to consumers 
booking prearranged package holidays which involve 
combinations of, for example, flights, hotels, or car 
rentals. The protection includes the right to receive all 
necessary information before signing the contract, 
making sure that a party is liable for the performance 
of all services in the package and the reassurance of 
repatriation in case a tour operator goes bust.

The reform responds to a fundamental transformation 
of the travel market: citizens are increasingly taking a 
more active role in tailoring their holidays to their 

THE EUROPEAN UNION EXPLAINEDspecific requirements, notably by using the Internet to 
combine travel arrangements rather than choosing 
from ready-made packages out of a brochure.

Rules are difficult to apply in the Internet age where 
consumers are increasingly booking customised 
packages online (either from one trader or several 
commercially linked traders) — which leaves consumers 
uncertain if they can count on protection, and traders 
unclear of their obligations. Therefore, the update of the 
1990 rules is essentially about bringing the package 
travel directive into the digital age. It means that 
120 million additional consumers who buy these 
customised travel arrangements will also be 
protected by the directive .

The proposed reform will increase transparency and 
strengthen protection for consumers in case something 
goes wrong. Businesses will also benefit as the reform 
will scrap outdated information requirements, such as 
the need to reprint brochures, and make sure that 
national insolvency protection schemes are recognised 
across borders.

Package travellers are entitled to receive essential 
information and assistance. If, for example, the hotel 
does not correspond to what the tour operator has 
promised, the holidaymaker can ask for compensation. 
In the European Union, about 118 million package 
holidays are sold every year.

When David and Maria booked their holiday, they 
decided on an all-inclusive trip to the Mediterranean. 
When they arrived at the hotel, they discovered that the 
bathroom had no water. They complained at the 
reception desk and asked to change rooms but the 
receptionist explained that there were no more rooms 
available and that the water problem could not be 
solved. Since David and Maria had booked a package 
holiday, they were protected by EU package travel rules 
and the tour operator was obliged to find a solution. 
David and Maria were given a room in an alternative 
hotel and were thus able to enjoy their sunshine 
holiday.

The EU Citizenship Reports

In 2010, the European Commission published the first 
ever EU Citizenship Report proposing concrete measures 
to make EU citizens’ lives easier when exercising their 
rights in another EU country. These include when 
marrying, buying a house, getting actively involved in 
politics, studying, working, receiving medical care, and 
so on. The 2010 report included 25 concrete actions 
that were intended to make life easier for all European 
citizens.

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When you book a trip abroad you can rely on Europe-wide 
consumer protection.

The Commission followed this up in 2013 with the 
second EU Citizenship Report which gives an account of 
the progress achieved in implementing these 25 actions.

TANGIBLE IMPROVEMENTS TO CITIZENS’ LIVES:
•  Making circulating public documents easier. In April 
2013, the European Commission proposed that 
citizens and businesses should no longer have to 
provide costly ‘legalised’ versions or ‘certified’ 
translations of official documents when, for example, 
registering a house or company, getting married or 
requesting a residence card. Abolishing these 
requirements will save citizens and businesses in the 
EU up to €330 million, not counting the time saved 
and the inconvenience avoided.

•  Slashing red tape for 3.5 million people registering a 
car in another EU country each year. This resulted in 
savings of at least €1.5 billion per year for 
businesses, citizens and registration authorities.

•  Proposing fast and inexpensive solutions for 

consumers to resolve out-of-court their disputes with 
traders in the EU, enabling them to save around 
€22.5 billion a year across Europe.

•  Offering citizens user-friendly information on their  
EU rights by means of the online information points 
Your Europe and Europe Direct.

In the 2013 Citizenship Report the European 
Commission proposed additional actions to build upon 
the successes of the previous years. 

The new report outlines 12 concrete actions in six key 
areas.

•  removing obstacles for workers and trainees in other 

EU countries;
•  cutting red tape;
•  protecting the more vulnerable;
•  eliminating barriers for cross-border shopping;
•  providing better information about the EU;
•  promoting citizens’ involvement in democracy.

JUSTICE, FUNDAMENTAL RIGHTS AND EQUALITY 
 
12

The 12 new actions aimed at reinforcing EU citizens’ 
rights:
1.  Look into extending the export of unemployment 
benefits for longer than the mandatory 3 months, 
to make it easier for citizens to look for a job in 
another EU country.

2.  Develop a quality framework for traineeships and 
modernise the European employment services 
(EURES).

3.  Work on solutions to remove obstacles faced by EU 

citizens in relation to identity and residence 
documents issued by Member States, including the 
development of optional uniform European 
documents for citizens.

4.  Make it easier for European citizens moving or 

operating across borders to deal with different sets 
of tax rules and, in particular, to avoid double 
taxation.

5.  Facilitate the recognition of roadworthiness 

certificates, making it easier and safer for citizens 
to travel to another EU country with their car.
6.  Support the development of a mutually recognised 
EU disability card to ensure equal access within the 
EU to certain specific benefits (mainly in the areas 
of transport, tourism, culture and leisure).

7.  Strengthen the procedural rights of people 

suspected or accused in criminal proceedings, 
taking into account the specific situation of children 
and vulnerable citizens.

8.  Revise the European Small Claims Procedure to 
facilitate the settling of disputes regarding 
purchases in another EU country.

9.  Develop a model for the online display of key 

requirements to make information about digital 
products clearer and easy to compare.

10.  Take actions to ensure that local administrations 
are given the tools to fully comprehend the free 
movement rights of EU citizens.

11.  Provide user-friendly guidance on the central 

Europa website so as to make it clearer and easier 
for citizens to know who to turn to for their rights.

12.  The Commission will:

•  promote EU citizens’ awareness of their EU 

citizenship rights with a handbook presenting 
those EU rights in clear and simple language;
•  propose constructive ways to enable EU citizens 
living in another EU country to maintain their 
right to vote in national elections in their country 
of origin;

•  explore ways of strengthening and developing 
the European public space, based on existing 
national and European structures, to end the 
current fragmentation of public opinion along 
national borders.

The 2013 EU Citizenship Report formed the centrepiece 
of the 2013 European Year of Citizens. It is based on 
contributions from citizens gathered by means of a 
wide-ranging public consultation involving an online 
questionnaire, Eurobarometer surveys on EU citizenship 
and electoral rights, stakeholder conferences with civil 
society and other institutions, expert meetings and the 
so-called ‘Citizens’ Dialogues’. It served to feed debates 
throughout the European Year of Citizens, leading 
towards the European elections in 2014.

Businesses

The following examples representing achievements in 
justice for growth show how these policies have had an 
impact to improve the day-to-day lives of businesses.

Judicial cooperation between EU countries in civil and 
commercial matters legally underpins the EU single 
market. Current EU legislation establishes common EU 
rules on jurisdiction in civil and commercial matters and 
thus clarifies which court is competent in cross-border 
disputes. This also includes EU rules that decide which 
law applies in such disputes and that facilitate the 
enforcement of a judgment issued by the courts in one 
EU country in another EU country. As of 2015, the 
reform of the existing rules will save businesses — 
notably small and medium-sized enterprises — time 
and money as any judgment obtained in one EU country 
will be automatically recognised  and enforced in any 
other EU country.

A company based in France concludes a construction 
contract with a company based in Poland in which they 
designate the courts of Warsaw to deal with any 
dispute arising under their contract. EU rules ensure 
that the judgment of the Warsaw court will be 
respected, even if, for instance, the building is to be 
constructed in Paris; and that the judgment given by the 
Polish court will be automatically recognised and 
enforced everywhere in the EU, including in France.

In order to enable the smooth functioning of the single 
market, European procedures facilitate cross-border 
debt recovery. The European Order for Payment covers 
cross-border civil and commercial monetary claims, 
simplifies the procedures and speeds up the process 
while reducing the costs of litigation. The European 
order for payment is recognised and enforced in all 
European Union (EU) countries except Denmark without 
the need for a declaration of enforceability.

An Austrian sports betting company worked with an 
Italian company that collected bets from local Italian 
betting offices and forwarded the money to the 
Austrian company. When the contractual relationship 

THE EUROPEAN UNION EXPLAINEDcame to its end, the Austrian company realised that the 
Italian company still owed it a large amount of money. 
The Austrian company went before the Austrian court 
and within only a few months obtained a European 
Order for Payment which was automatically recognised 
and enforceable in Italy.

EU rules on unfair commercial practices aim to ensure, 
promote and protect fair competition. EU legislation 
ensures that consumers are not misled or exposed to 
aggressive marketing and that any claim made by 
traders in the EU is clear, accurate and substantiated. 
The rules bring harmonisation and mutual recognition 
between states, bringing down internal market barriers. 
Businesses are able to advertise and market products 
and services to all consumers in the EU, in the same 
way as to their domestic customers.

Finally, EU rules on cross-border insolvency have been 
modernised to facilitate the rescue of distressed 
businesses that are active in different Member States. 
In 2014, the European Commission recommended that 
Member States reform their national insolvency laws to 
allow a business to address its financial difficulties at 
an early stage and to reduce debt discharge periods for 
bankrupt entrepreneurs, thereby promoting second 
chances.  

The Commission also supports voluntary initiatives 
promoting diversity management in businesses, in 
particular diversity charters. A diversity charter is a 
short document signed voluntarily by a company or a 
public institution. It outlines the measures that will be 
undertaken to promote diversity and equal opportunities 
in the workplace, regardless of race or ethnic origin, 
sexual orientation, gender, age, disability and religion. 
Over 7 100 companies, including enterprises, public 
bodies, NGOs and covering over 13.6 million employees 
have signed the 13 national diversity charters 
established so far across the EU.

In 2014 a directive on disclosure of non-financial and 
diversity information by certain large companies and 
groups was adopted. Companies concerned will need to 
disclose information on policies, risks and outcomes as 
regards environmental matters, social and employee-
related aspects, respect for human rights, anti-
corruption and bribery issues, and diversity in their 
board of directors. The new rules will only apply to 
some large companies with more than 500 employees.

A small company based in Ireland specialised in 
home-made natural well-being products which are 
especially popular with French and German tourists. 
These tourists often ask for more products to be sent to 
them by mail. The director wanted to advertise and sell 
his products directly in France and Germany, perhaps by 

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We need efficient legal procedures to allow  
companies to grow.

developing his website, but not being familiar with the 
national laws in those countries, she worried about 
potential legal problems. Thanks to EU rules, businesses 
of all sizes are able to spend less on legal advice on 
how to comply with unfamiliar advertising and 
marketing rules, and are able to market their products 
on a Europe-wide basis.

Improving the lives of Roma citizens  
in Europe

The Roma — Europe’s largest ethnic minority — have 
been part of Europe for centuries, but frequently face 
prejudice, intolerance, discrimination and exclusion.

Roma people in Europe live in considerably worse 
socioeconomic conditions than the population at large. 
For example:

•  only 42 % of Roma children complete primary school, 

compared to an EU average of 97.5 %;

•  they face lower employment rates and higher rates of 

discrimination;

•  they often lack access to essential services such as 

running water or electricity;

•  life expectancy for the Roma is 10 years less than the 

EU average.

EU countries and the European institutions have a joint 
responsibility to improve the social inclusion and 
integration of Roma by using all the respective 
instruments and policies for which they are responsible. 
Since 2011, an EU Framework for National Roma 
integration strategies, which runs until 2020, provides 
help to Member States to make a tangible difference to 
the lives of the Roma people.

Every year the Commission monitors progress in the 
implementation of all national Roma integration 
strategies adopted within this Framework.

JUSTICE, FUNDAMENTAL RIGHTS AND EQUALITY 
 
 
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Furthermore, in December 2013, all EU Member States 
committed, in a Council recommendation, to undertake 
effective Roma integration measures to step up 
changes in the situation of Roma. These include policy 
measures in education, employment, access to 
healthcare and housing, but also measures in the fields 
of anti-discrimination, protection of Roma children and 
women, empowerment of local actors and transnational 
cooperation. This recommendation adds a new 
instrument to the legal and political landscape, but 
more importantly it represents a strong and unanimous 
political commitment by Member States to make more 
and better efforts in order to achieve real 
improvements.

The Commission’s 2014 Progress Assessment of the 
situation of Roma on the ground confirmed the need for 
further sustained efforts to bring about change on a 
larger scale. Key challenges prevail, such as the 
persistent segregation of Roma children in special 
schools/classes, a lack of systematic measures to 
increase Roma participation in the labour market, an 
absence of basic health coverage for all in many 
Member States, and the ghettoisation in cities or 
segregation in rural areas. To answer these challenges, 
mainstream policies should also become more inclusive 
and responsive to the needs of Roma.

At the European Roma Summit, held in Brussels on April 
2014, high-level EU and national decision-makers 
acknowledged that local and regional authorities also 
play a key role in Roma integration as well as the need 
to strengthen the capacity of local and regional 
authorities.

Empowering local players as well as the National Roma 
Contact Points is a necessary precondition for the 
success of Roma integration strategies in the Member 
States.

The benefits of integration
The Roma represent a growing share of the 
working-age population, with an average age of 25 
compared to the EU average of 40. Research by the 
World Bank suggests that full Roma integration 
could bring economic benefits of around €0.5 billion 
a year by improving productivity, cutting welfare 
bills and boosting tax receipts.

Outlook: empowering citizens and  
fostering growth

Improving the daily lives of EU citizens is an ongoing 
process. In its ‘Citizenship Reports’, the EU sets out 
concrete actions aimed at removing the remaining 
obstacles to a European area of justice. A single market 
for citizens must tackle unnecessary bureaucratic 
obstacles to free movement. To this end, the EU has 
proposed, for instance, to simplify procedures for the 
circulation of civil status documents across borders. The 
EU will further strengthen the rights of suspected or 
accused persons. The EU devotes special attention to 
the more vulnerable groups in society and will support 
EU countries in their efforts to enhance the social and 
economic integration of the Roma.

Consumer confidence is the key to boosting demand 
and restoring growth. The Commission’s overall 
consumer strategy as embodied in the European 
Consumer Agenda shows how consumer rights help 
maintain this confidence. Whilst encouraging consumers 
and businesses to benefit from the latest developments 

in the digital world, the EU will ensure that online 
personal data is protected. The reform of data 
protection legislation will lighten the burden for 
businesses and reduce red tape for enterprises by 
getting away from the current legal patchwork and 
offering a clear set of legal rules. The EU seeks to 
further improve conditions for business by proposing an 
instrument for alternative dispute resolution between 
companies, addressing misleading and unfair 
comparative advertising, and modernising insolvency 
legislation. The EU proposes to improve the effective 
recovery of criminal assets, to strengthen sanctions 
against counterfeiting of the euro, and to protect the 
financial interests of the EU by criminal law. The future 
European Public Prosecutor’s Office will conduct 
effective and efficient investigations and prosecutions 
across the EU so that fraud against the EU budget does 
not go unpunished. Continuing its efforts to combat 
illegal drug trafficking, the EU will define what 
constitutes a criminal offence and what the 

THE EUROPEAN UNION EXPLAINEDcorresponding penalties should be, whilst also 
addressing the rapid growth of new psychoactive 
substances.

Strengthening EU law to tackle discrimination and 
ensuring that it is effectively applied in all EU countries 
is a core objective. The EU is committed to giving 
everyone a genuine right to fully benefit from the single 
market, by living and working free from discrimination 
on the grounds of sex, racial or ethnic origin, religion or 
belief, disability, age and sexual orientation. Therefore, 
one of the priorities in the coming years will be to adopt 
the pending proposal on better protection against 
discrimination on grounds of disability, age, religion or 
belief and sexual orientation outside the area of 
employment and occupation. Furthermore, the EU 
strives to reduce the gender pay gap and — by another 
pending proposal — to increase the share of women on 
boards of listed companies, to help break the ‘glass 
ceiling’ that prevents women from fulfilling their 
professional potential.

If people and businesses are to take full advantage of 
the EU’s single market, they need easy access to justice 
on equal terms in all countries. EU-wide rules are 
needed. But, EU countries are also encouraged to make 
their judicial systems ever more efficient and to 
implement necessary judicial reforms as part of their 
economic recovery programmes, thus contributing to 
the policy of justice for growth.

The independence of justice systems and respect for 
the rule of law are two of the fundamental values on 
which our European Union is built. The rule of law and 
judicial independence are at the heart of the EU, and 
must be respected in all 28 EU Member States. The 
European justice area is built on mutual recognition and 
mutual trust. For the European area of justice to 
function properly it needs trust: trust in each other’s 
judicial systems and the judicial authorities. An efficient 
and trusted justice system will bring an economic 

15

dividend. Confidence and trust that the rule of law is 
fully upheld means the confidence to invest in that 
economy. In the context of the European Semester the 
European Commission already has many instruments to 
measure and benchmark economic and social 
developments in a Member State, or to assess the 
efficiency of public administration.

As of 2013, the EU developed a new tool — the ‘EU 
Justice Scoreboard’ — to promote effective justice 
systems in the European Union and thereby reinforce 
economic growth. The EU Justice Scoreboard provides 
objective, reliable and comparable data on the 
functioning of the justice systems in the EU's 28 
Member States. Improving the quality, independence 
and efficiency of judicial systems already is part of the 
EU economic policy coordination process under the 
European Semester, which is aimed at laying the 
foundations for a return to growth and job creation.

The 2014 EU Justice Scoreboard brings together data 
from various sources. Most of the quantitative data is 
provided by the Council of Europe Commission for the 
Evaluation of the Efficiency of Justice (CEPEJ) which 
collects data from Member States. The 2014 
Scoreboard also presents the outcome of two pilot 
studies, which provide further fine-tuned data on the 
length of judicial proceedings relating to competition 
law and consumer law, expressed in average days. 

The key findings of the 2014 EU Justice Scoreboard 
have shown that:

·  Some Member States continue to face particular 
challenges with regard to the efficiency of their 
justice systems. Lengthy first instance proceedings 
together with low clearance rates or a large number 
of pending cases point to the need for further 
improvements. While ambitious reforms have been 
recently adopted in certain Member States (for 
example in Portugal), their effects cannot yet be 
reflected in the Scoreboard as data is mostly from 
2012. 

One of the EU’s priorities is to strengthen citizens’ rights.

·  The availability of information and communication 

technology (ICT) tools for courts increased but room 
for further progress exists, in particular to render 
contacts between courts and citizens easier.

·  Alternative dispute resolution mechanisms are now 

available in nearly all Member States, while 
monitoring and evaluation of court activities exist in 
most Member States.

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JUSTICE, FUNDAMENTAL RIGHTS AND EQUALITY 
 
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·  In nearly a third of Member States the participation 
rate of judges in continuous training activities on EU 
law is above 50 %. Training of judges and legal 
practitioners and ICT tools are crucial for the effective 
functioning of a European area of justice based on 
mutual trust.

·  In several Member States the perception of 

independence has improved whilst in some Member 
States it has deteriorated.

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The EU Justice Scoreboard contributes to the European 
Semester by helping to identify justice-related issues 
that deserve particular attention. Together with the 
specific assessment of the situation in Member States, 
the 2014 Scoreboard contributed to addressing the 
country-specific recommendations in the area of 
justice for 12 Member States (Bulgaria, Ireland, Spain, 
Croatia, Italy, Latvia, Hungary, Malta, Poland, Romania, 
Slovenia and Slovakia.). These recommendations were 
endorsed by the European Council in July 2014.  As a 
next step, Member States should implement this policy 
guidance, as part of their efforts to boost inclusive and 
sustainable growth. The Commission will report on 
progress in implementation in 2015.

Find out more

 X Comprehensive and up-to-date information on all justice policies: http://ec.europa.eu/justice
 X Join us on Facebook: http://www.facebook.com/EUJustice
 X Follow us on Twitter: http://twitter.com/EU_Justice
 X Information on justice systems and improved access to justice throughout the EU, in 23 languages:  

http://www.e-justice.eu

 X Information and contact details of EU countries’ consulates and embassies in countries outside  

the EU: http://ec.europa.eu/consularprotection

 X Help and advice for EU nationals and their family on travel, work and retirement, education,  
health, residence formalities, vehicles, etc .: http://europa.eu/youreurope/citizens/index_en.htm
 X Practical guide to doing business in Europe: http://europa.eu/youreurope/business/index_en.htm
 X Website on children’s rights for children and teenagers; containing games, cartoons, videos and  
short articles to help them learn more about their rights and how the EU is helping to protect  
these rights: http://ec.europa.eu/0-18
 X Questions about the European Union?  

Europe Direct can help: 00 800 6 7 8 9 10 11 
http://europedirect.europa.eu

ISBN 978-92-79-42583-7 
doi:10.2775/88110

THE EUROPEAN UNION EXPLAINED