COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Strategy to strengthen the application of the Charter of Fundamental Rights in the EU
Date: 2020-12-02
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU Charter of Fundamental Rights, EU Member State, EU strategy, application of EU law, civil society, fundamental rights, public awareness campaign

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 2.12.2020  COM(2020) 711 final  COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Strategy to strengthen the application of the Charter of Fundamental Rights in the EU     
 
 
Strategy to strengthen the application of the Charter of Fundamental Rights 
in the EU 

Introduction 

Strengthening our EU bill of rights to address new challenges 

Proclaimed  20  years  ago  and  legally  binding  since  20091,  the  EU  Charter  of  Fundamental 
Rights2  (‘the  Charter’)  was  a  quantum  leap  for  European  integration.  It  reaffirmed,  in  a 
meaningful way, that the EU is built on fundamental rights, democracy and the rule of law3. 
These values are closely linked. Fundamental rights can only be effective in people’s lives in 
a  society  where  independent  courts  guarantee  their  protection  and  where  an  open  and 
informed  democratic  debate  can  take  place,  with  independent  media  and  an  active  civil 
society. 

The Charter applies to EU institutions in all their actions. The European Commission’s 2010 
strategy  for  the  effective  implementation  of  the  Charter  of  Fundamental  Rights  by  the 
European Union4 underlined the importance for the EU to be exemplary and set out how the 
Commission  was  going  to  ensure  that  it  fully  complies  with  the  Charter.  The  Charter  also 
applies  to  the  Member  States  when  implementing  EU  law  and  the  strategy  expressed  the 
Commission’s determination to use all the means at its disposal to ensure compliance. 

Over  the  past  decade,  the  Charter  has  led  to  a  greater  promotion  and  protection  of 
people’s  fundamental  rights  in  the  EU.  The  Charter  has  triggered  new  EU  legislation 
directly protecting and promoting certain key rights. The new rules on data protection, gender 
equality, protecting whistleblowers, fair trial and defence rights, and victims of crime are key 
examples5. The case-law of the Court of Justice of the EU (‘the Court’) invoking the Charter 
has  developed  significantly6  in  a  wide  range  of  policy  areas7.  The  EU  Agency  for 
Fundamental  Rights  has  developed  into  a  trusted  EU  body  providing  comparable  data  and 

1 
Article  6  (1)  of  the  Treaty  on  European  Union.  In  addition,  Article  6  (3)  reaffirms  that  fundamental 
rights as  guaranteed by the European Convention on Human Rights and as they result from the constitutional 
traditions common to the Member States are general principles of EU law. 
2 
OJ  C326,  26.10.2012,  p.391.  The  Charter  is  an  instrument  of  primary  EU  law  that  enshrines  the 
fundamental  rights  people  enjoy  in  the  EU.  It  is  a  modern  and  comprehensive  instrument  protecting  and 
promoting  people’s  rights  and  freedoms  in  the  light  of  changes  in  society,  social  progress  and  scientific  and 
technological developments. 
3 
Article 2 of the Treaty on European Union: “The Union is founded on the values of respect for human 
dignity,  freedom,  democracy,  equality,  the  rule  of  law  and  respect  for  human  rights,  including  the  rights  of 
persons belonging to minorities. These values are common to the Member States in a society in which pluralism, 
non-discrimination, tolerance, justice, solidarity and equality between women and men prevail”. 
4 
5 
development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-rights/application-
charter/annual-reports-application-charter_en 
6 
The Charter is currently invoked in about 10% of all preliminary ruling procedures. Cases in which the 
Court  refers  to  the  Charter  increased  from  27  in  2010  to  371  in  2019.  See  the  EU  Agency  for  Fundamental 
Rights  report  on  fundamental  rights  2020  (‘FRA  fundamental  rights  report  2020’),  focus  section,  p.  4: 
https://fra.europa.eu/en/publication/2020/fundamental-rights-report-2020 
7 
Koen  Lenaerts,  President  of  the  Court,  keynote  speech  at  the  conference  ‘Making  the  Charter  of 
Fundamental  Rights  a  reality  for  all’  (‘Charter  event’):  https://ec.europa.eu/info/events/2019-conference-eu-
charter-fundamental-rights-2019-nov-12_en 

COM(2010)573. 
See  the  Commission’s  annual  reports  on  the  application  of  the  Charter:  https://ec.europa.eu/info/aid-

1 

 
 
 
                                                           
analysis  on  fundamental  rights  to  support  the  work  of  the  EU  institutions  and  the  Member 
States8.  The  number  of  independent  national  human  rights  institutions  and  bodies  has  also 
risen  significantly  in  the  EU9,  laying  down  solid  foundations  for  the  enforcement  of 
individuals’ rights in practice. 

However, the protection of fundamental rights cannot be taken for granted.  Ten  years 
on,  new  challenges  have  emerged  for  instance  in  the  areas  of  migration  and  security,  and 
most recently, in the context of the COVID-19 crisis that brought about restrictions on a wide 
array  of  fundamental  rights  and  freedoms10  and  widened  the  inequality  gap.  The  green 
transition11  and  digital  transformation  bring  new  opportunities  to  make  fundamental  rights 
more  effective,  but  they  also  bring  challenges.  For  example,  while  digital  automation  is  an 
essential  driver  of  progress,  allowing  for  efficiency  gains  and  new  ways  of  processing 
information,  it  can  also  drive  the  spread  of  illegal  hate  speech,  curb  people’s  freedom  of 
expression, increase surveillance, lead to severe discrimination12, harm children and reinforce 
the vulnerability of certain groups13. Making fundamental rights effective is a pre-condition 
to fulfil the EU’s commitment to leave no one behind. 

These new challenges and developments call for a renewed commitment to ensure that the 
EU institutions and the Member States apply the Charter to its full potential.  

Making the Charter a reality for all 

This  strategy  proposes  specific  actions  to  strengthen  the  application  of  the  Charter,  in 
particular in the Member States. It focuses on four strands:  

1.  Ensuring the effective application of the Charter by the Member States. 
2.  Empowering civil society organisations, rights defenders and justice practitioners. 
3.  Fostering the use of the Charter as a compass for EU institutions. 
4.  Strengthening people’s awareness of their rights under the Charter. 

The  strategy  follows  calls  from  the  European  Parliament  for  a  stronger  monitoring  of  the 
application of the Charter in  the Member States14, Council Conclusions setting out  ways to 
improve the application of the Charter15, and contributions by Member States16. 

Which includes climate action, environmental protection (provided in Article 37 of the Charter) and the 

8 
https://fra.europa.eu/en/about-fra 
9 
Focus section of the Commission’s 2019 report on the application of the Charter, COM(2019)257. 
10 
Such  as  freedom  of  movement,  freedom  of  assembly  and  freedom  of  religion,  freedom  to  conduct  a 
business, the right to data protection or freedom of expression. These challenges in the COVID-19 context have 
also affected the conduct of free and fair elections and an open democratic debate. The Commission is working 
with the Member States to exchange experience and practices in this area. 
11 
objectives of the just transition, as reflected further by the European Green Deal Communication, 
COM(2019)640. 
12 
https://ec.europa.eu/jrc/en/publication/eur-scientific-and-technical-research-reports/technology-and-democracy 
13 
https://data.consilium.europa.eu/doc/document/ST-11717-2020-REV-2/en/pdf) and people with disabilities. 
14 
See  Rapporteur  Šimečka’s  Legislative  report  on  the  establishment  of  an  EU  mechanism  to  protect 
democracy,  the  rule  of  law  and  fundamental  rights,  2020/2072(INL).  See  also  the  European  Parliament’s 
resolution of 26 November 2020 on the situation of Fundamental Rights in the European Union - Annual Report 
for the years 2018 -- 2019 (2019/2199(INI)). 

Joint  Research  Centre  (JRC)  report  on  the  influence  of  online  media  on  citizens’  behaviour: 

Such as older people (see Council Conclusions of 9 October 2020: 

2 

 
 
                                                           
The  actions  set  out  in  this  strategy  will  focus  on  prevention,  promotion,  implementation 
and enforcement. 

Upholding  EU  fundamental  rights  and  values  is  a  shared  responsibility  and  requires  a 
collective effort from all concerned: EU institutions, bodies and agencies, national and local17 
authorities, including law enforcement authorities, rights defenders18, legislators, judges and 
other  legal  practitioners,  and  civil  society  organisations  active  in  fundamental  rights.  All 
these key parties for the Charter’s effective application have a role to play in making the 
Charter a reality in people’s lives. 

In  preparing  this  new  strategy,  the  Commission  has  listened  carefully  to  stakeholders  and 
the wider public. In doing so, the Commission carried out a Eurobarometer survey19 on the 
public’s awareness of the Charter, which showed that people do not know enough about their 
Charter rights  but  would like to  have more information,  including on where to  turn to  seek 
redress. Consultations20 have shown the need to identify ways to support the parties involved 
in the Charter’s enforcement to apply the Charter proficiently for the benefit of all. 

The EU’s commitment to promote EU values 

This strategy complements the European democracy action plan21 and the first rule of law 
report22, which together illustrate the Commission’s comprehensive approach to promoting 
and protecting the fundamental values on which the EU is founded. 

The  strategy  underlines  the  overarching  nature  of  the  Charter  and  complements  targeted 
efforts  to  make  EU  rights  and  values  more  tangible  in  areas  such  as  victims’  rights  and 
access  to  justice23,  equality  and  inclusion24,  anti-racism  and  pluralism25,  social  rights  and 

Special Eurobarometer 487b. 
Commission 
The 

A  consultation  was  organised  through  the  Council  working  group  for  Fundamental  Rights,  Citizens 

15 
Council  Conclusions  on  the  Charter  of  Fundamental  rights  after  10  years:  State  of  play  and  future 
work, 7 December 2019 (‘Council Charter Conclusions’). They followed the Commission’s 2019 report on the 
application of the Charter, op.cit. 
16 
Rights and Free Movement of Persons (FREMP) between April and May 2020. 
17 
Reference to local authorities is to be understood as covering also regional authorities. 
18 
In this strategy rights defenders means independent authorities protecting rights such as national human 
rights  institutions  (NHRIs),  equality  bodies,  Ombuds  institutions,  data  protection  authorities,  etc.  Since  this 
strategy does not focus on specific rights but looks at how to boost the application of the Charter as a whole, 
focus will mainly be laid on authorities with a broad fundamental rights mandate such as NHRIs. 
19 
20 
event: 
Charter 
https://ec.europa.eu/info/events/2019-conference-eu-charter-fundamental-rights-2019-nov-12_en  and 
targeted 
questionnaires,  the  outcomes  of  which  were  analysed  by  FRA  (‘stakeholder  consultations  analysis’): 
https://ec.europa.eu/info/files/analysis-targeted-consultations-commissions-new-charter-strategy_en 
21 
COM(2020)790. 
22 
COM(2020)580. 
23 
The EU strategy on victims’ rights, COM(2020)258; The Commission proposal to amend the Aarhus 
regulation,  COM(2020)642;  and  the  Communication  on  access  to  justice  in  environmental  matters, 
COM(2020)643. 
24 
The  gender  equality  strategy,  COM(2020)152;  the  Communication  on  a  new  ERA  for  research  and 
innovation,  COM(2020)628;  the  EU  Roma  strategic  framework  for  equality,  inclusion  and  participation, 
COM(2020)620 and the proposal for a Council Recommendation on Roma equality, inclusion and participation, 
COM(2020)621; the LGBTIQ equality strategy, COM(2020)698; and the forthcoming strategy on the rights of 
persons with disability, planned for 2021. 
25 
combating antisemitism, planned for 2021. 

The  EU  anti-racism  action  plan  2020-2025,  COM(2020)565;  and  the  forthcoming  strategy  on 

stakeholders 

consulted 

dedicated 

through 

a 

3 

 
 
                                                                                                                                                                                     
inclusive education and training26, economic rights27, rights of EU citizens28 and rights of the 
child29. 

All  these  strands  of work  mutually  reinforce  each  other  for  the  effective  protection  of 
fundamental rights in the EU. 

The  Charter  applies  in  conjunction  with  national  and  international  fundamental  rights 
protection  systems,  including  the  constitutional  traditions  and  international  obligations 
common to the Member States30. 

In this context the EU’s accession to the European Convention of Human Rights remains 
a priority for the Commission. If the EU truly wants to strengthen fundamental rights, it must 
be open to outside scrutiny. The Commission has joined forces with the Council of Europe to 
achieve  this  objective,  which  will  help  to  further  develop  the  links  between  the  two 
fundamental rights frameworks and their effective application on the ground. 

The EU as a global actor in human rights 

Promoting EU values and fundamental rights is also an important part of the EU’s work on 
the global scene. The way the EU addresses fundamental rights issues internally is of great 
relevance to its relations with non-EU countries, at bilateral, regional and multilateral level. 
As  pressure  is  increasing  on  democracy,  the  rule  of  law  and  human  rights  globally,  the 
protection of human rights and support for democracy worldwide are key EU external action 
priorities31. The EU pursues a strong and coherent approach between its internal fundamental 
rights  policies  and  how  it  embeds  human  rights  in  its  work  with  external  partners,  as 
demonstrated by the new Action plan on human rights and democracy32 and the Gender 
Action  Plan  III33,  and  in  line  with  the  Sustainable  Development  Goals34.  The  EU  also 
promotes the respect of human rights through its trade policy. 

The investment protection and facilitation framework in the EU, planned for 2021. 
The  Commission’s  EU  citizenship  Report  2020  ‘Empowering  citizens  and  protecting  their  rights  in 

26 
The  European  Pillar  of  social  rights:  https://ec.europa.eu/commission/sites/beta-political/files/social-
summit-european-pillar-social-rights-booklet_en.pdf. An action plan on the Pillar will be presented in 2021; and 
the Commission Communication on achieving the European Education Area by 2025 and the digital education 
action plan, COM(2020)624. 
27 
28 
challenging times’, to be adopted before the end of the year. 
29 
30 
(UNCRPD). 
31 
Article 21 of the Treaty on European Union. 
32 
https://data.consilium.europa.eu/doc/document/ST-12848-2020-INIT/en/pdf 
33 
JOIN(2020)17. 
34 
UN  2030  Agenda  for  Sustainable  Development  and  its  Sustainable  Development  Goals  (SDGs): 
https://www.un.org/sustainabledevelopment/.  See  also  the  Commission’s  reflection  paper  on  a  sustainable 
Europe: https://ec.europa.eu/commission/sites/beta-political/files/rp_sustainable_europe_30-01_en_web.pdf 

Strategy on the rights of the child and the European child guarantee, both planned for 2021. 
Such as the European Social Charter and the UN Convention on the Rights of Persons with Disabilities 

4 

 
 
 
 
                                                           
1 – Ensuring the effective application of the Charter by the Member 
States 

1.1 Partnering with Member States for an effective application of the Charter  

The Charter is a legally binding instrument addressed to the Member States “only when they 
are implementing EU law”35. It is not meant to extend the scope of application of EU law36. 
In  fact,  the  scope  of  application  of  the  Charter  reflects  the  scope  of  EU  law  itself:  “the 
Charter is the ‘shadow’ of EU law. This means, in essence, that there can be no situation that 
is governed by EU law in which the Charter does not apply” 37. 

Given the growing body of EU law, the Charter applies in an increasing number of cases 
and  areas.  This  is  illustrated  by  the  Court’s  case  law  on  the  enforcement  of  the  right  to  an 
effective  remedy38  developed  in  areas  such  as  taxation,  asylum  and  migration,  the 
independence  of  the  judiciary  or  equal  treatment  in  employment39.  The  Court  also  recently 
referred  to  the  right  to  property40  to  reinforce  the  protection  of  foreign  investors  in  the 
internal market41. 

local  administrations,  the  Member  States’  parliaments  and 

National  and 
law 
enforcement  authorities  are  central  to  promoting  and  protecting  Charter  rights.  The 
Commission plans to work hand in hand with Member States’ national and local authorities 
to  ensure  the  full  application  of  the  Charter  and  of  EU  laws  that  promote  and  protect  the 
rights it enshrines. 

Prevention - the Commission attaches great importance to its dialogue with Member States 
and is ready to support them in transposing and implementing EU law effectively42. Regular 
dialogue with Member States and law enforcement authorities43 is essential to share practice 
and discuss concerns linked to the implementation and enforcement of the Charter and related 
EU law. This enables to resolve, at an early stage, any emerging issues of incompatibility. 

Promotion  and  implementation  -  consultations44  show  that  the  use  and  awareness  of  the 
Charter in national and local administrations and in parliaments is low. To comply with their 
obligations  under  EU  law,  it  is  important  that  Member  States  promote  the  development  of 
tools, monitoring mechanisms, training and strategies to ensure compliance with the Charter 

35 
Article 51 (1). Judgment of 26 February 2013, Åkerberg Fransson, C-617/10, EU:C:2013:105. 
36 
Articles 5 (2) and 6 (1) of the Treaty on European Union and Article 51(2) of the Charter. 
37 
Koen Lenaerts, keynote speech at the Charter event, op. cit. 
38 
Article 47 of the Charter. 
39 
See,  for  instance,  judgments  of  16  May  2017,  Berlioz,  C-682/15,  EU:C:2017:373;  of  13  December 
2017, El Hassani,  C-403/16, EU:C:2017:960; of 19 November 2019, A.K, C-585/18, C-624/18 and C-625/18, 
EU:C:2019:982, and of 17 April 2018, Egenberger, C-414/16, EU:C:2018:257. 
40 
Article 17 of the Charter. 
41 
Judgement of 21 May 2019, Commission v. Hungary, C-235/17, EU:C:2019:432. 
42 
The  Commission  supports  a  network  of  national  support  centres  (SOLVIT  centres),  which  help 
Member  States  address  problems  of  compliance  with  EU  law.  See  Commission  recommendation  on  the 
principles governing SOLVIT, C(2013)5869. 
43 
Such as in the context of the High-Level Group on combatting racism, xenophobia and other forms of 
intolerance,  the  High-level  group  on  non-discrimination,  the  expert  group  on  the  rights  of  the  child  and  the 
national  Roma  contact  point’s  network.  See  also  initiatives  on  fair  policing  in  the  EU  anti-racism  action  plan 
2020-2025, section 2.2, op.cit. 
44 

Stakeholder consultations analysis, op.cit. 

5 

 
 
 
                                                           
of initiatives within the scope of EU law45. Member States should encourage mutual learning 
by sharing best practices on the use and awareness of the Charter, including at local level46, 
on  the  dedicated  webpage  made  available  by  the  Commission  on  the  European  e-Justice 
Portal47.  The  Council  could  also  promote  such  exchanges  in  its  working  party  for 
Fundamental  Rights,  Citizens  Rights  and  Free  Movement  of  Persons  (FREMP),  as  per  its 
2019 Charter Conclusions48. 

Coordination - consultations also showed the importance of cooperation and communication 
between  different  levels  of  government,  with  the  EU  institutions  and  with  rights  defenders 
and civil society organisations. In this regard, the Commission encourages Member States to 
appoint  a  Charter  focal  point  to  ease  the  flow  of  information  and  best  practice  on  the 
Charter and coordinate capacity building efforts in the country49. The focal point could also 
pass information to and from the EU institutions. 

The Commission will: 

 
-  Strengthen  its  partnership  with  Member  States  to  ensure  an  effective  application  of  the 
Charter; 
- Support sharing of best practices between local authorities on the use and awareness of the 
Charter including through the Network of Towns strand of the new Citizens, Equality, Rights 
and Values programme. 

The Commission invites Member States to: 

 
- Nominate a Charter focal point to ease coordination and cooperation; 
-  Use  impact  assessments  and  legislative  scrutiny  procedures  to  ensure  that  initiatives 
implementing  EU  law  comply  with  the  Charter  and  develop  guidance  and  training  for 
national and local administrations; 
-  Share  best  practices  on  the  use  and  awareness  of  the  Charter  on  the  European  e-Justice 
Portal. 

Enforcement - the Commission as guardian of the Treaties ensures that national legislation 
complies  with  EU  law  so  that  people  can  assert  their  rights,  including  their  fundamental 
rights,  and fully benefit  from  EU legislation. The Commission  reaffirms  its commitment to 
monitor  the  application  of  the  Charter  and  related  EU  laws,  strengthen  its  dialogue  with 
Member States and launch infringements as appropriate where there is a breach of EU law. It 

at  national 

45 
Council call in its Charter Conclusions, op.cit., paragraphs 14 and 15. The Commission will update its 
guidance  and  make  it  available  (see  point  3.1).  See  also  FRA  handbook  on  applying  the  Charter  in  law  and 
policy  making 
level:  https://fra.europa.eu/sites/default/files/fra_uploads/fra-2018-charter-
guidance_en.pdf 
46 
EU law is also implemented at local level, including the disbursement of EU funds. To better address 
the  challenges  they  face,  some  cities  declared  themselves  ‘human  rights  cities’  and  build  on  human  rights 
principles  to  guide  local  policymaking:  https://humanrightscities.net/.  FRA  is  cooperating  with  cities,  their 
networks,  and  partners  such  as  the  Council  of  Europe  and  the  Office  of  the  High  Commissioner  for  Human 
Rights  to  develop  a  framework  of  commitments  for  human  rights  cities  in  the  EU.  The  framework  is  to  be 
released in 2021. 
47 
48 
49 

Following a call by the Council in its Charter Conclusions, op.cit., paragraph 18. 
Council Charter Conclusions, op.cit., paragraph 12. 
FRA fundamental rights report 2020, Charter focus section, opinion 1.1. 

6 

 
 
 
                                                           
will continue to closely monitor cases where a Member State is showing a systemic failure in 
applying the Charter50 when implementing EU law.  

From  2021,  the  Commission  will  present  a  new  annual  report  on  the  application  of  the 
Charter in the EU, which, in contrast with the Commission’s previous Charter reports, will 
look more closely at the Charter’s application in the Member States and will provide further 
insight to the Commission for the assessment of compliance of national legislation with EU 
law. It will adopt a thematic approach, focusing on areas of strategic relevance governed by 
EU  law.  Together  with  the  annual  Rule  of  law  report,  the  new  annual  Charter  report  will 
contribute to further upholding fundamental values in the EU. 

The Commission will work in partnership with other EU institutions and with EU agencies, 
in particular the EU Agency for Fundamental Rights (FRA)51, to gather the information and 
data  required  for  the  report.  It  will  draw  on  the  work  of  existing  Member  States’  expert 
groups52 and build on factual information made available through respected sources such as 
United Nations and Council of Europe bodies, judicial networks, civil society organisations, 
rights defenders and the new Charter focal points. 

In  2021,  the  new  Charter  report  will  focus  on  fundamental  rights  in  the  digital  age.  The 
report  should  trigger  a  frank  and  open  interinstitutional  discussion  with  the  European 
Parliament and the Council as well as discussions in the Member States, including in national 
parliaments.  These  discussions  would  support  Member  States’  efforts  to  comply  with  the 
Charter when implementing EU law. 

The Commission will: 

 
- From 2021, present an annual report on the application of the Charter, which will look at 
the Charter’s impact on the situation in the Member States in particular policy areas; 
-  Ensure  that  Member  States  effectively  apply  the  Charter  when  implementing  EU  law  and 
launch infringements as appropriate where there is a breach of EU law. 

The Commission invites: 

 
-  The  European  Parliament  and  the  Council  to  organise  a  substantive  discussion  on  the 
application of the Charter, to follow-up on the Commission’s annual report. The Commission 
stands ready to assist; 
-  The  European  Parliament  and  national  parliaments  to  develop  interparliamentary 
cooperation  on  issues  related  to  the  application  of  the  Charter,  to  which  the  Commission 
stands ready to contribute. 

In line with its Communication ‘EU law: Better results through better application’, OJ C 18, 19.1.2017, 

50 
p.10. 
51 
The Agency routinely collects information and data on the fundamental rights situation on the ground 
and  annually  publishes  a  report  summarising  key  factual  findings.  The  Agency  recently  launched  a  European 
Fundamental Rights Information System (EFRIS) bringing together data and information from existing human 
rights databases: https://fra.europa.eu/en/databases/efris/  
52 
Such as the High Level Group on combatting racism, xenophobia and other forms of intolerance, the 
High  level  group  on  non-discrimination,  the  expert  group  on  the  rights  of  the  child  and  the  national  Roma 
contact point’s network. 

7 

 
 
 
 
 
 
                                                           
1.2 Ensuring the application of the Charter in EU funding  

EU  funding  is  key  to  supporting  the  implementation  of  EU  policies  in  the  Member  States. 
Member States and the Commission must ensure that all EU-funded projects comply with EU 
law, including the Charter of Fundamental Rights, where applicable. 

The Commission has recently taken steps to help Member States ensure that they implement 
EU funded programmes in compliance with the relevant provisions of Charter. In particular, 
its proposal for the Common Provisions Regulation (CPR)53 setting out rules for the next EU 
budget  for 2021-2027 contains  an ‘enabling  condition’54 relating to  the Charter. Concretely 
this means that for all programmes supported by the EU funds covered by the CPR55 (‘CPR 
funds’)  there  must  be  effective  mechanisms  in  place  to  ensure  their  compliance  with  the 
Charter, from their inception to their implementation56. 

The CPR57 requires that Member States set-up the following: 

-  Arrangements  to  ensure  that  programmes  supported  by  CPR  funds  and  their 
implementation  comply  with  the  relevant  provisions  of  the  Charter.  In  those 
arrangements, Member States should, for example, set out the role and tasks of the different 
authorities and bodies involved in ensuring compliance of the programmes with the Charter 
and explain how compliance with the Charter will be checked throughout the implementation 
of the programmes. 

-  Arrangements  to  report  to  the  monitoring  committees58  cases  of  non-compliance  of 
operations  supported  by  CPR  funds  with  the  Charter  and  complaints  regarding  the 
Charter.  Member  States  should,  for  example,  explain  how  and  the  frequency  with  which 
they  will  report  on  these  two  issues  to  the  monitoring  committees.  The  reporting  should 
indicate which corrective measures have been taken, what will be done to prevent such cases 
in the future and what redress mechanisms are or have been put in place. 

When preparing the programmes, Member States must communicate these arrangements to 
the Commission, which will assess the fulfilment of the ‘enabling condition’. 

Under  the  rules  applicable  to  the  new  programming  period,  monitoring  committees  should 
include fundamental rights bodies59 to help assess compliance with the Charter. Given their 

COM(2018)375: 

https://eur-lex.europa.eu/legal-

The  horizontal  enabling  condition  ‘Effective  application  and  implementation  of  the  EU  Charter  of 

53 
content/EN/TXT/?uri=COM%3A2018%3A375%3AFIN  
54 
Fundamental Rights’ provided under Annex III of the CPR. 
55 
The European Regional Development Fund, the Cohesion Fund, the just Transition Fund, the European 
Social  Fund  Plus,  the  European  Maritime  and  Fisheries  Fund,  the  Asylum  and  Migration  Fund,  the  Internal 
Security  Fund  and  the  Border  Management  and  Visa  Instrument.  It  is  to  be  noted  also  that  the  Commission 
proposal  on  strategic  plans  to  be  drawn  up  by  Member  States  under  the  Common  agricultural  policy  (CAP 
strategic plans), COM(2018)392, recalls that Member States shall design the programmes supported by the CAP 
in  compliance  with  the  Charter.  Member  States  shall  ensure  that  the  monitoring  committee  established  to 
monitor  the  implementation  of  the  CAP  strategic  plans  includes  representatives  of  bodies  responsible  for 
promoting social inclusion, fundamental rights, gender equality and non-discrimination. 
56 
57 
58 
established in the Member States to oversee the implementation of the programmes. 
59 

COM(2018)375, Article 11 (6). 
See Annex III of the CPR. 
The  monitoring  committees,  in  which  the  Commission  participates  in  an  advisory  capacity,  are 

As required under Articles 6 and 34 of the CPR. 

8 

 
 
 
                                                           
independent  status  and  expertise  in  monitoring  and  advising  authorities,  national  human 
rights  institutions  (NHRIs)  could  play  a  role  in  ensuring  that  EU  funded  programmes  are 
designed and implemented in compliance with the Charter60. 

Member  States  should,  in  cooperation  with  the  Commission,  support  through  technical 
assistance,  national  and  local  staff  to  design  and  implement  programmes  in  a  Charter 
compliant manner, based on the guidance developed to ensure the respect for the Charter in 
EU  funding61.  Member  States  are  also  encouraged  to  coordinate  amongst  themselves  for  a 
coherent implementation of the ‘enabling condition’ across the EU. A national contact point 
would make such cooperation and coordination easier62. 

The Commission will, together with the Member States, monitor and ensure that complaints 
related  to  the  Charter  in  the  implementation  of  EU  funding  are  duly  addressed  and  receive 
follow-up in a systematic way. 

The Commission will: 

 
-  Develop  a  training  module  and  provide  technical  assistance  to  ensure  a  coherent  and 
effective implementation of the Common Provisions Regulation ‘enabling condition’; 
- Assess the fulfilment of the ‘enabling condition’ on the Charter; 
-  Monitor  that  EU  funds  are  used  in  compliance  with  the  Charter  and  take  appropriate 
measures, such as possible interruption or suspension of EU funding, or financial corrections 
when irregular expenditure has not been corrected by the Member States, where justified. 

The Commission invites Member States to: 

 
-  Ensure  that  EU  funds  are  used  in  compliance  with  the  Charter  and  establish  the 
arrangements provided in the Common Provisions Regulation; 
- Support national and local staff to design and implement programmes that comply with the 
Charter, in cooperation with the Commission; 
-  Facilitate  coordination  and  a  coherent  implementation  of  the  ‘enabling  condition’  and 
make the best use of available technical assistance; 
- Include fundamental rights bodies in the monitoring committees. 

It is for the Member States to decide if this role should be given to the Charter focal point referred to in 

23.7.2016, 

p. 

1–19: 

https://eur-lex.europa.eu/legal-

60 
See point 2.1 below. 
61 
OJ 
C/2016/4384, 
content/EN/TXT/?uri=CELEX%3A52016XC0723(01) 
62 
section 1.1. 

269, 

C 

9 

 
 
 
 
 
                                                           
2 - Empowering civil society organisations, rights defenders and 
justice practitioners 

2.1 Protecting and supporting civil society organisations and rights defenders 

A supportive environment 

Civil  society  organisations  and  rights  defenders  are  vital  for  a  healthy  democracy  and  a 
society where people can enjoy their fundamental rights. They are key parties in the Charter’s 
enforcement chain.  They play  an important  role in promoting the use and awareness  of the 
Charter and a culture of values, based on the rule of law, democracy and fundamental rights. 

They  are  however  facing  an  increasing  number  of  challenges,  which  include  regulatory 
constraints and difficulties in accessing funding63. The Court64, in a case concerning a law 
restricting the financing of civil society organisations from abroad, recognised that the right 
to  freedom  of  association  constitutes  one  of  the  essential  foundations  of  a  democratic  and 
pluralist society, as it enables citizens to act collectively in areas of common interest and, in 
so doing, contributes to the proper functioning of public life. The Court held that civil society 
organisations  “must  be  able  to  pursue  [their]  activities  and  operate  without  unjustified 
interference by the State”65. 

In  some  Member  States,  smear  campaigns  are  negatively  influencing  public  opinion  and 
affecting the credibility and legitimacy of civil society. Civil society organisations and human 
rights  activists  in  some  EU  countries  face  physical  and  verbal  attacks,  intimidation  and 
harassment  including  abusive  lawsuits  (Strategic  Lawsuits  Against  Public  Participation  – 
SLAPP)66,  violence  and  online  and  offline  hate  speech67.  Civil  society  organisations  and 
rights defenders should be able to work without fear in a supportive environment. 

The Commission will:  

 
- Take action against measures that breach EU law, including the Charter, which affect civil 
society organisations;  
- Support an enabling environment for civil society organisations, in particular through the 
new Union values strand of the Citizens, Equality, Rights and Values programme. 

The Commission invites Member States: 

 
-  To  promote  a  supportive  and  safe  environment  for  civil  society  organisations  and  rights 
defenders in their country, including at local level. 

63 
Commission  rule  of  law  report  2020,  op.cit.  See  also  FRA  Report  "Challenges  facing  civil  society 
organizations working on human rights in the EU": https://fra.europa.eu/en/publication/2018/challenges-facing-
civil-society-organisations-working-human-rights-eu. 
64 
Judgment of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476. 
65 
Ibid. paragraph 133. 
66 
The  Commission  will  propose  measures  to  improve  the  safety  of  journalists  and  to  protect  them  and 
civil society against SLAPPs, in the framework of the European Democracy Action Plan. As announced in its 
work  programme  for  next  year,  the  Commission  will  propose  an  initiative  against  abusive  litigation  targeting 
these actors end 2021. 
67 
Global Alliance of National Human Rights Institutions (GANHRI), SCA General Observations, 2018, p. 1. 

FRA Report “Challenges facing civil society organisations working on human rights”, op.cit. See also 

10 

 
 
 
 
 
                                                           
Strong and independent national human rights institutions  

Strong and effective national human rights institutions68 (‘NHRIs’) are critical links between 
government and civil society insofar as they address the ‘protection gap’ between the rights 
of  individuals  and  the  responsibilities  of  the  state.  Their  overarching  function  is  to  address 
discrimination in all its forms and to promote the protection of the full range of fundamental 
rights69. NHRIs monitor the application, implementation and promotion of the Charter on the 
ground,  provide  information  and  support  to  victims  of  fundamental  rights  violations  and 
cooperate with the national institutions to improve their use and awareness of the Charter. 

Three  Member  States70  do  not  have  an  NHRI,  two  do  not  have  an  accredited  NHRI71  and 
six72 do not have a United Nations’ Paris principles’73 compliant A-status NHRI74. 

The 2020 Rule of law report highlighted the importance of independent NHRIs as part of the 
national  checks  and  balances75.  The  European  Network  of  National  Human  Rights 
Institutions  (ENNHRI)  can,  with  the  support  of  the  Commission,  assist  Member  States  in 
establishing and promoting Paris principles’ complaint A-status NHRIs. 

The Commission invites: 

 
- Those Member States that have not yet established an independent NHRI to do so; 
-  Member  States  in  which  NHRIs  have  been  established,  to  ensure  they  are  given  the  tools 
and means to comply with the Paris principlesand refer to the Charter in their mandate. 

Capacity building to defend people’s rights 

Civil  society  organisations  and  rights  defenders  are  instrumental  in  raising  people’s 
awareness about their Charter rights and helping them receive effective judicial protection. 
When  other  routes,  such  as  prevention  and  dialogue,  prove  unsuccessful,  effective  judicial 
protection  also  includes  strategic  litigation,  which  contributes  to  a  more  coherent 
implementation  and  application  of  EU  law  and  to  the  enforcement  of  people’s  rights. 
Following  a  European  Parliament  initiative,  the  Commission  carried  out  consultations  and 
commissioned  a  study76  that  show  that  capacity  building  is  key  to  helping  these  ‘Charter 
agents’ better assist people in using their rights under the Charter. The study concluded that 

NIHRIs  are  state-mandated  bodies,  independent  of  governments,  with  a  broad  constitutional  or  legal 

68 
mandate to protect and promote human rights. 
69 
https://ganhri.org/nhri/ 
70 
Czechia, Italy, Malta. 
71 
Estonia - up for accreditation end 2020 - and Romania. 
72 
Austria, Belgium, Cyprus, Slovakia, Slovenia and Sweden. 
73 
https://nhri.ohchr.org/EN/AboutUs/Pages/ParisPrinciples.aspx. The Council of Europe is also preparing 
Recommendations  on  the  development  and  strengthening  of  effective,  pluralist  and  independent  National 
Human Rights Institutions. 
74 
Being granted A-status means that the NHRI is fully compliant with the Paris principles, which are the 
international standards for NHRIs to promote and protect fundamental rights effectively and in an independent 
manner. 
75 
COM(2020)580. The Council, in its Charter Conclusions of 2019, recalled that ‘independent national 
human  rights  institutions  […]  play  a  crucial  role  in  the  protection  and  promotion  of  fundamental  rights  and 
ensuring compliance with the Charter.’, op.cit., paragraph 22. 
76 
Feasibility  Study for financial support for litigating cases relating to violations of democracy, rule of 
law  and  fundamental  rights,  28.08.2020:  https://ec.europa.eu/info/aid-development-cooperation-fundamental-
rights/your-rights-eu/eu-charter-fundamental-rights/application-charter/studies-related-charter_en 

11 

 
 
 
                                                           
there is a need to increase “knowledge of relevant EU law practice and procedures” among 
litigators  and  to  upgrade  their  capacity,  “with  the  expectable  result  that  fundamental  rights 
litigation will increase in Europe, and that Charter rights are promoted and protected more 
systematically.” 

European networks of rights defenders, such as the European Network of National Human 
Rights  Institutions  (ENNHRI), the European Network of Equality Bodies (Equinet) and the 
European  Network  of  Ombudsmen  (ENO)  can  play  an  important  role  in  coordinating 
capacity building and sharing practice on the Charter among their members. Staff trained in 
transnational  training  should  act  as  multipliers  and  train  colleagues  in  their  national 
institutions77. Networks should learn from each other to reach their objectives. For instance, 
ENNHRI  collected  practices  from  its  members  to  show  how  NHRIs  across  Europe  are 
working towards the national implementation of the Charter78. The FRA has developed tools 
to support this work and stands ready to further support such capacity building efforts79.  

Other  networks,  catering  for  specific  groups,  such  as  the  UN  Convention  on  the  Rights  of 
Persons  with  Disabilities’  frameworks  or  the  European  network  of  Ombudspersons  for 
children, could also play a key role in promoting the Charter amongst their members. 

The Commission will:  

 
- Support, in  particular under the Justice programme, capacity building  on the Charter for 
rights defenders and civil society organisations, to ease access to justice for all. 

The  Commission  invites  networks  of  civil  society  organisations  and  rights 

 
defenders: 
- To cooperate on Charter training and share practice, building on support and tools offered 
by the Commission and by the FRA.  

2.2 Supporting judges and other justice practitioners  

Independent  and  qualified  judges  are  key  to  making  the  Charter  relevant  in  people’s  lives. 
Even though national courts increasingly use the Charter and refer to the Court for assistance 
on  its  interpretation80,  knowledge  remains  low  amongst  national  justice  practitioners81.  So 
far,  less  than  one  third  of  all  professional  groups  consulted  in  the  targeted  consultation  for 
judges,  other  justice  practitioners  and  training  institutions  benefited  from  training  on  the 
Charter. Most of the judges and other justice practitioners who responded to the consultation 

77 
“Targeted group training should be a priority. Staff from national equality bodies should be targeted 
for  transnational  training  on  the  use  of  the  Charter.[…]  Targeted  group  training  should  be  followed  by 
horizontal  training  at  the  national  level  that  brings  together  relevant  actors  that  previously  received  the 
targeted  group  training  to  identify  interconnections  and  construct  synergies  on  the  use  of  the  Charter.” 
Equinet’s submission to the Commission’s Charter strategy, op. cit. 
78 
http://ennhri.org/wp-content/uploads/2019/11/Implementation-of-the-EU-Charter-of-Fundamental-
Rights-Activities-of-NHRIs.pdf. See also Poland’s best practice, stakeholder consultation analysis, page 15. 
79 
80 
576 (over 11 %) contained questions related to the Charter. See FRA fundamental rights report 2020. 
81 
Fundamental  Rights  Report 
https://fra.europa.eu/sites/default/files/fra_uploads/fra-opinion-04-2018_charter-implementation.pdf 

Stakeholder  consultations  analysis,  op.  cit.;  Commission  2019  Charter  Report,  op.  cit;  FRA 
2018: 

https://fra.europa.eu/en/eu-charter. See also FRA fundamental rights report 2020. 
Between 2009 and 2019, national courts sent the Court 5038 requests for preliminary rulings. Of them, 

FRA  Opinion- 

September 

4/2018 

2020; 

24 

of 

12 

 
 
 
 
                                                           
would  welcome  training  on  the  Charter,  including  joint  training  for  judges  and  other  legal 
practitioners  to  share  experiences.  They  would  also  welcome  strengthened  exchanges 
between national and European Courts82.  

The  Commission  adopted  a  new  European  judicial  training  strategy  that  emphasises  the 
importance  of  training  judges  and  other  justice  practitioners  on  the  Charter  to  ensure  its 
effective  application83.  The  relevance  of  cross  professional  training  and  sharing  of  best 
practice  was  also  underlined.  FRA  will  update  its  Charterpedia  and  its  handbook  on  the 
application of the Charter for practitioners84.  

The  COVID-19  pandemic  created  additional  challenges  for  justice  systems,  but  has  also 
boosted the digitalisation of proceedings in a number of Member States85. The digitalisation 
of justice, if carefully rolled out, would also have a positive effect on the capacity of courts 
to  deal  efficiently  with  fundamental  rights  issues,  in  particular  in  a  context  where  human 
resources are scarce86. 

The Commission will: 

 
-  Prioritise,  under  the  EU’s  new  Justice  programme,  Charter  training  opportunities  for 
judges and other justice practitioners and support the development of a dedicated e-learning 
tool for judges; 
- Promote Charter related training activities and material on the new ‘European training 
platform’ of the European e-Justice Portal87 through the use of EU funds. 

 
The Commission invites networks of judges and other justice practitioners: 
- To cooperate on training and sharing of practices on the application of the Charter, 
building on support and tools offered by the Commission, the European Judicial Training 
Network (EJTN) and FRA. 

The  European  Judicial  Training  Network,  supported  by  the  EU’s  Justice  programme,  organises 

COM(2020)713. 
https://fra.europa.eu/en/publication/2018/applying-charter-fundamental-rights-european-union-law-

82 
exchanges between national and European courts: http://www.ejtn.eu/Exchange-Programme/ 
83 
84 
and-policymaking-national.  All  Charter  related  information  will  be  made  available  on  a  Charter  web  space: 
https://fra.europa.eu/en/eu-charter 
85 
86 
87 

Commission rule of law report 2020, op.cit. 
See Commission Communication on digitalisation of justice in the EU, COM(2020)710. 
https://e-justice.europa.eu/content_european_training_platform-37158-en.do 

13 

 
 
 
 
                                                           
3 - Fostering the use of the Charter as a compass for EU institutions 

3.1 Updating and developing tools within the Commission 

EU institutions must comply with the Charter in all their actions, including when they act 
outside the EU legal framework88 and outside the territory of the Member States89. 

Following  its  2010  strategy  on  the  application  of  the  Charter  by  the  EU,  the  Commission 
developed guidance90 to  ensure that each new initiative complies with the Charter and that, 
where certain rights are affected, justification is given on why the measure is necessary and 
proportionate  and  solutions  are  put  in  place  to  mitigate  the  measure’s  potential  negative 
effects  on  people’s  rights.  The  Commission’s  new  Taskforce  on  Equality  will  ensure  that 
equality considerations are mainstreamed in the Commission’s work. 

Key Commission initiatives that could have a major impact on Charter rights will continue to 
be checked from the preparatory stage of the initiative and Charter compliance will remain a 
central  concern  for  the  Commission  throughout  the  decision  making  process.  For  instance, 
Europe’s digital strategy91 underlines the importance of respecting fundamental rights in the 
digital transformation. The forthcoming regulatory framework on artificial intelligence92 will 
introduce  accountability,  documentation  and  testing  requirements  to  ensure  the  effective 
enforcement of fundamental rights. The upcoming proposal for a Digital Services Act will set 
out the responsibilities of online intermediaries, in particular online platforms, for all forms 
of  illegal  content  online,  to  ensure  that  this  is  tackled  while  protecting  lawful  content  by 
safeguarding fundamental rights, including the right of freedom of expression of the users of 
online services. 

In preparing initiatives the Commission draws on input by key stakeholders93. An open and 
constructive  dialogue  with  civil  society  organisations  supports  the  Commission’s  efforts  to 
mainstream the Charter into all its policies and legislative proposals. 

Upholding  fundamental  rights  is  a  global  endeavour  and  it  is  important  that  internal  and 
external  actions  to  promote  and  protect  fundamental  rights  are  coherent  and  mutually 
reinforce  each  other.  The  new  2020-2024  action  plan  on  human  rights  and  democracy94 
reaffirms  the  EU’s  commitment  to  promoting  and  protecting  human  rights  and  values 

Adopted in February 2020: https://ec.europa.eu/info/publications/communication-shaping-europes-

Judgment of 20 September 2016, Ledra Advertising v Commission and ECB, C-8-10/15 P and C-10/15, 

Judgement  of  18  July  2013,  Commission  and  Others  v  Kadi,  C-584/10  P  and  C‑ 595/10  P, 

88 
EU:C:2016:701. 
89 
EU:C:2013:518. 
90 
2011 Commission operational guidance on taking account of fundamental rights in impact assessments 
and  the  2015  better  regulation  package,  which  makes  Charter  mainstreaming  an  integral  part  of  the  impact 
assessment (Tool 28). 
91 
digital-future_en 
92 
White Paper on artificial intelligence: a European approach to excellence and trust, COM(2020)65. 
93 
Consultations  are  launched  to  inform  Commission  initiatives  under  its  Better  Regulation  rules.  See 
https://ec.europa.eu/info/law/better-regulation/have-your-say and https://ec.europa.eu/info/consultations_en. The 
Commission also draws on the data provided by the EU Agency for Fundamental Rights, rights defenders such 
as NHRIs and equality bodies and information collected by international organisations  such as the Council of 
Europe, the United Nations and the Office for Democratic Institutions and Human Rights of the Organisation for 
Security and Cooperation in Europe. 
94 

https://data.consilium.europa.eu/doc/document/ST-12848-2020-INIT/en/pdf 

14 

 
 
 
                                                           
worldwide. Human rights and democracy will be promoted consistently and coherently in all 
areas of EU external action, ensuring internal and external coherence in the promotion of the 
fundamental rights in line with the Charter. 

The Commission, as an EU institution, will continue to take the Charter into account in the 
preparation and negotiation of EU Trade and investment agreements95. 

The  Commission  will  further  insist  that  countries  seeking  to  join  the  EU  (‘enlargement 
countries’)  align  with  EU  fundamental  rights  protection  standards.  The  Commission  will 
provide  support  and  technical  assistance  to  enlargement  countries96  and  monitor  progress 
through  the  annual  enlargement  package  of  country  reports.  Candidate  countries  and 
countries with which a stabilisation and association agreement has been concluded can ask to 
participate  in  the  work  of  the  EU  Agency  for  Fundamental  Rights  as  observers  in  order  to 
ease their gradual alignment with EU law97. 

The Commission will: 

 
- Support the development of an e-learning tool on the Charter open to all; 
- Update its 2011 guidance for its staff on applying the Charter in impact assessments and 
disseminate it as a source of information for policy makers at national and local level; 
- Develop an equality mainstreaming toolbox and a training plan for all staff to ensure that 
equality considerations are a part of all Commission initiatives. 

3.2 Developing the Charter mainstreaming throughout the ‘European’ legislative process  

It  is  essential  for  the  effective  application  of  the  Charter  by  the  EU  that  the  European 
Parliament  and  the  Council  focus  on  Charter  compliance  in  the  legislative  process.  The 
Commission stands ready to support them. Compliance with the Charter is a key element for 
the sustainability of EU legislation98. 

In  2015  the  Council  published  guidance  on  fundamental  rights  compliance  checks99,  which 
should be shared and  explained regularly100. The Council’s  Working Party  on Fundamental 
Rights, Citizens' Rights and Free Movement of Persons (FREMP) plays an instrumental role 
in this respect. The European Parliament’s Committee on Civil Liberties, Justice and Home 
Affairs (LIBE) may submit opinions on the compliance of a legislative act with fundamental 

The  procedure  is  described  in  Article  28  of  the  FRA’s  founding  regulation  n°168/2007,  OJ  L  53, 

The Instrument for Pre-Accession assistance (IPA) 2021-2027 will further support reforms to comply 

2015 Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy 

95 
initiatives. 
96 
with EU values and fundamental rights and to progressively align to the EU's rules, standards and policies. 
97 
27.2.2007, p. 1. 
98 
EU legislation that does not comply with the Charter can be legally challenged. 
99 
Council guidelines on fundamental rights compliance check, Doc. 5377/15 of 20 January 2015. 
100 
In  its  Charter  Conclusions  (op.cit.)  the  Council  reaffirmed  “its  commitment  to  take  into  account  the 
guidance  on  the  application  of  the  Charter,  including  the  guidelines  on  methodological  steps  to  be  taken  to 
check  fundamental-rights  compatibility  at  the  Council  preparatory  bodies,  and  it  expresses  its  readiness  to 
explore  ways  to  make  more  efficient  use  of  that  guidance  in  Council  preparatory  bodies,  including  through 
training” (paragraph 10). The permanent representation of Finland organised, in cooperation with the Council 
Secretariat and the FRA, a training course on the application of the Charter open to all staff and recommended it 
to all working party chairs of the incoming Presidency. 

15 

 
 
 
                                                           
rights101.  Under  the  interinstitutional  agreement  on  better  law-making,  the  European 
Parliament and the Council can carry out impact assessments on their substantial amendments 
to a Commission’s proposal. It provides that impact assessments should address fundamental 
rights issues102. 

There are several recent examples of Charter mainstreaming in EU laws and many more can 
be found in the Commission’s annual reports103. The European Accessibility Act104 seeks to 
ensure  that  persons  with  disabilities  benefit  from  measures  that  ensure  their  independence, 
social  and  occupational  integration  and  participation  in  the  life  of  the  community.  The 
Regulation  on  the  European  Border  and  Coast  Guard105  makes  fundamental  rights  an 
overarching part in the implementation of the European integrated border management. 

The Commission invites the European Parliament and the Council to use the tools 

 
at their disposal to ensure that the Charter is applied effectively in their work. The 
Commission stands ready to support them. 

European Parliament’s rules of procedure – Rule 39. 
OJ L 123, 12.5.2016, p. 12- 15. 
https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-

101 
102 
103 
fundamental-rights/application-charter/annual-reports-application-charter_en 
104 
Directive 2019/882. 
105 
Regulation 2019/1896, OJ L 295, 14.11.2019, p. 1. A fundamental rights strategy and action plan will 
be developed to frame the European Border and Coast Guard Agency’s (Frontex) obligation to comply with the 
Charter.  A  Fundamental  Rights  Officer  was  nominated  to  contribute  to  the  strategy  and  monitor  its 
implementation. Fundamental rights monitors will be recruited to assess the fundamental rights compliance of 
the Agency’s operational activities. FRA supports Frontex in training the fundamental rights monitors. 

16 

 
 
 
 
 
                                                           
4 - Strengthening peoples’ awareness of their rights under the Charter 

A  recent  Eurobarometer  on  Charter  awareness  shows  that  only  42%  of  respondents  have 
heard about the Charter and only 12% really know what it is.  

Six out of ten respondents want to know more about their rights and where to turn to if their 
Charter rights are violated106. 

106 

Special Eurobarometer 487b. 

17 

 
 
 
 
 
 
                                                           
Most (80%) civil society organisations report that people turn to them for information about 
their  rights  and  an  even  higher  proportion  (85%)  that  they  carry  out  awareness  raising 
activities  about  rights107.  Local  authorities  are  also  well  placed  to  raise  awareness  about 
people's rights and about what people can do if their rights are breached108.The relevance of 
explaining rights and what they mean for people, through real life stories, is essential109. 

The FRA’s 2021 Forum on fundamental rights110 is an opportunity to raise awareness on the 
Charter of fundamental rights and reflect on how to further develop a culture of values in the 
EU.  The  Conference  on  the  Future  of  Europe  will  offer  people  the  opportunity  to  discuss 
fundamental rights and EU values that are central to our Union and its future. 

The  Commission  will  work  on  an  awareness  raising  campaign,  aimed  at  better  informing 
people about their Charter rights and where to turn when their rights are breached. It will be 
accessible to people with disabilities. 

The  Commission  will  also  step  up  efforts  to  better  communicate  Charter  rights  to  young 
people,  making  the  best  use  of  the  Erasmus+  programme.  It  will  in  particular  refer  to 
information  on  the  Charter  in  the  Erasmus+  student  Charter,  which  reaches  all  Erasmus+ 
students; include ‘fundamental rights’ as a key priority in the Jean Monnet action for Higher 
Education;  encourage  Higher  Education  Institutions  to  offer  training  or  online  courses  on 
European  civic  engagement  and  promote  the  Charter  of  Fundamental  Rights;  and  develop 
online resource for school teachers to raise awareness of fundamental rights in classrooms. It 
will engage with young people on fundamental values and global citizenship issues, including 
Sustainable  Development  Goals,  through  its  development  education  and  awareness  raising 
programme (DEAR)111. In its upcoming strategy on the rights of the child, the Commission 
will also explore ways to communicate in a child-friendly way on children’s rights. 

The Commission will: 

 
- Launch an information campaign to raise people’s awareness of their Charter rights and 
how to use them, giving specific examples and cooperating with actors on the ground; 
- Develop young people’s awareness of their Charter rights through the Erasmus+ 
programme; 
- Raise children’s awareness of their rights as an outcome of its forthcoming strategy on the 
rights of the child. 

 
The Commission invites Member States to develop initiatives to promote people’s 
awareness of their Charter rights and of where to turn when their rights are breached, in 
particular by empowering local actors112. 

Stakeholder consultations analysis, p. 31. 
14  out  of  22  local  authorities  that  responded  to  the  targeted  consultations  say  they  raise  awareness 

107 
108 
about rights, stakeholder consultations analysis, p. 42. 
109 
See  also FRA (2020)  “What do fundamental rights mean for people in the EU”, page 48: “To make 
informed  decisions,  people  should  have  access  to  information  about  their  rights  as  well  as  accessible 
procedures for making applications and complaints”. 
110 
111 
112 

https://fra.europa.eu/en/event/2020/fundamental-rights-forum-2021 
COM(2018)5446: www.dearprogramme.eu 
See the Council’s Charter conclusions, op.cit., paragraph 14. 

18 

 
 
 
                                                           
Conclusion 

The binding nature of the Charter has enabled the EU legal order to develop into a beacon of 
fundamental rights protection. It has turned out to be the embodiment of what EU rights and 
values  mean  -  a  symbol  of  European  identity.  It  has  led  to  a  more  coherent  and 
comprehensive interpretation of fundamental rights across the EU. 

EU  institutions,  Member  States  and  the  various  actors  in  the  Charter’s  enforcement  chain 
have a duty to  ensure that  the Charter becomes  a living instrument,  protecting  fundamental 
rights in Europe for the benefit of all. 

The  Commission  will  present  an  annual  report  on  the  application  of  the  Charter,  which 
should form the basis for an inter-institutional discussion. In 2025, the Commission will also 
report on the implementation of this strategy. In 2030, the Commission will launch a stock-
taking exercise in cooperation with the key actors for the Charter’s enforcement to evaluate 
progress in awareness and use of the Charter. 

Given  Member  States’  key  role  in  the  implementation  of  this  strategy,  the  Commission 
invites the Council to prepare follow-up conclusions. 

19