Respecting fundamental rights while ensuring security and justice in the European Union

Protecting fundamental rights and creating a European area of freedom, security and justice are two intrinsically linked tasks, which are actually two sides of the same coin. Moreover, they are two of the key goals of European integration in the years to come. There are several tools available for enshrining these rights. Perhaps the best known of all is the Charter of Fundamental Rights proclaimed by European Union (EU) leaders in December 2000. It stems from the EU Treaty, European Court of Justice case-law, the European Union Member States constitutional traditions and the Council of Europes European Convention on Human Rights. In December 2003, the European Council decided to extend the remit of the European Monitoring Centre on Racism and Xenophobia in order to convert it into a Fundamental Rights Agency.

As the European Union's (EU) internal borders were gradually abolished, the need to create a genuine European area of freedom, security and justice became apparent. That was why EU leaders approved in Tampere (Finland) in October 1999 a set of concrete measures for achieving such an ambitious goal. This includes such projects as forging a common immigration and asylum policy and bolstering police and judicial cooperation. But this process in turn has highlighted the need to reinforce the fundamental human rights of EU citizens and of people living in the European Union.

A fundamental rights agency

On 12 and 13 December 2003, the European Council (PDF File 209 KB) decided to extend the remit of the European Monitoring Centre on Racism and Xenophobia, in order to convert it into a Fundamental Rights Agency. That decision ended a long debate in which support for setting up such an Agency was widely expressed by stakeholders. In June 1999 the Cologne European Council had suggested examining the need for an Agency for human rights and democracy, an idea supported by the European Parliament.

After a broad public consultation, the Commission issued a proposal (PDF File 345 KB) concerning the Fundamental Rights Agency in July 2005. On 15 February 2007, the Council adopted Regulation (CE) No 168/2007 establishing a European Union Agency for Fundamental Rights (FRA). The launch of the Agency took place 1 March 2007 in Vienna. The Fundamental Rights Agency replaces and builds on the work of the European Monitoring Centre on Racism and Xenophobia. Going beyond the work of the Monitoring Centre, the Fundamental Rights Agency will have three key functions: to collect information and data; provide advice to the European Union and its Member States and promote dialogue with civil society to raise public awareness of fundamental rights.

A Charter of Fundamental Rights

The Charter of Fundamental Rights of the European Union brings together into a single, simple text all the personal, civic, political, economic and social rights enjoyed by the citizens and residents of the European Union. The provisions of this Charter are addressed to the institutions and bodies of the Union with due regard for the principle of subsidiarity and to the Member States only when they are implementing Union law.

The President of the European Parliament, the President of the European Union Council and the President of the European Commission proclaimed the Charter during the European summit of Nice, on the 7th of December 2000.

Since then, during the institutional debates, different questions related to the Charter have been discussed. The intergovernmental conference which took place in 2007 created the Treaty of Lisbon, signed on the 13th of December 2007 and will now be ratified by the Member States. Prior to this signature,on the 12 December 2007 in Strasbourg, the Presidents of the European Parliament, the Council and the European Commission signed and solemnly re-proclaimed the Charter of Fundamental Rights during an official ceremony in the European Parliament.

The texts of the Charter and of the Treaty of Lisbon are to find in all the official languages of the European Union..

How were fundamental rights upheld before the Charter?

Much work was carried out, both at European and national level, prior to proclaiming the Charter, to uphold citizens fundamental rights. Firstly, the EU Treaty has always provided for some basic freedoms, such as freedom to work and travel around the EU. The Court of Justice of the European Communities has, over many years, fleshed out these basic principles into an invaluable reservoir of case-law. Both the case-law and the Treaty were inspired by two other sources the 1950 European Convention on Human Rights and the long-established constitutional traditions of the EU Member States. But this meant that fundamental rights were granted somewhat indirectly to the citizens and were not immediately visible to them.

What has been the Court of Justices role?

The Court of Justice of the European Communities can be distinguished as the first EU body to stress the need to respect the fundamental rights of the individual. Its extensive case-law sets standards of protection for citizens. It provides for example for the right to a fair trial, to an effective judicial appeal, privacy, free association, property, professional secrecy and free expression. The Court has ruled that all EU institutions must respect fundamental rights, as must national authorities when they are implementing EU law.

What does the Treaty say about fundamental rights?

The EU Treaty or rather Treaties (Treaty on European Union, plus the Treaty on the European Community) have been revised on several occasions since the Treaty of Rome was signed in 1957. Each update has seen an enrichment of EU citizens specific rights. The EU Treaty now covers the four internal market freedoms, namely free movement of goods, services, people and capital. It also bans all discrimination based on nationality, gender, race, ethnic origin, religion, disability, age or sexual orientation. It enshrines the right of residence throughout the EU for all its citizens. And it allows them to vote and stand in local and European elections in every Member State. In addition, the preamble to the Treaty of Amsterdam, which came into force in May 1999, refers to the 1961 Council of Europe Social Charter and the 1989 Community Charter of Fundamental Social Rights of Workers.

Article 6 of the Treaty on the European Union is the key provision as far as fundamental rights are concerned. It states that :

1. The Union is founded on the principle of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States.

2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law.

3. The Union shall respect the national identities of its Member States.

4. The Union shall provide itself the means necessary to attain its objectives and carry through its policies.

Article 7 of the same Treaty introduces a political mechanism in order to prevent violations of the principles mentioned in Article 6 by the Member States.

How can the Treaty be used to bolster fundamental rights?

There is also great potential within the existing EU Treaty to further expand citizens rights. Article 22 of the EC Treaty allows the Council of Ministers to introduce new rights for citizens, acting on a proposal from the European Commission. The Treaty also ensures that as the EU enlarges, new members must meet the same high standards on human rights.

Programmes

• Daphne The European Commission promotes human rights through the Daphne programme, which combats violence against women and children. Funded to the tune of EUR5 million, it contributed to 47 projects from 2001 to 2003. A second phase of the programme, Daphne II for the period from 2004 to 2008 with an increased budget was adopted by the Council and the European Parliament in April 2004.

Legal foundations

• Treaty establishing the European Community
• Treaty on European Union
• Charter of Fundamental Rights and Freedoms
  (PDF File 79 KB)

Key dates

• 2004: A further EU Treaty to be signed to conclude the debate on the future of Europe (status of the Charter of Fundamental Rights in the EU in particular).
• 2003: The Convention on the Future of Europe finishes its work by suggesting a draft Constitutional Treaty.
• 2003: The Treaty of Nice enters into force.
• 2001: The European Commission launches the debate on the future of Europe.
• 2000: The Charter of Fundamental Rights is proclaimed. At the same time, the Treaty of Nice is signed, empowering the EU Council of Ministers to declare that a clear danger exists of a Member State committing a serious breach of fundamental rights and address to the Member State appropriate recommendations.
• 1999: The Treaty of Amsterdam takes effect, with strong anti-discrimination rules. The Treaty also gives power to the European Council to declare the existence of a serious and persistent breach of fundamental rights in one of the Member State of the European Union (if this occurs the EU Council of Ministers may suspend certain rights of the country concerned).
• 1992: The Treaty of Maastricht introduces the concept of European citizenship.
• 1986: European Single Act, Article F, on the respect of fundamental rights.
• 1951: The Treaty of Paris creates the first European Community, the European Coal and Steel Community.
• 1950: The European Convention for the Protection of Human Rights and Fundamental Freedoms is signed in Rome.

Keywords

• Specific
  • age, asylum, border, Charter of Fundamental Rights, disability, discrimination, ethnic origin, free association, free expression, freedom, fundamental rights, gender, immigration, judicial cooperation, justice, nationality, privacy, professional secrecy, property, race, religion, residence, security, sexual harassment, sexual orientation, travel1, voting rights, work
• General
  • Amsterdam treaty, Charter of fundamental rights, Council of Europe, Court of Justice of the European Community, EU Council of ministers, European Commission, European Community, European Council, European Parliament, European Union, Justice - home affairs, Maastricht Treaty, Member states of the European Union, Nice treaty, Qualified Majority, Scoreboard, Single European Act, Tampere European Council, Title IV EC treaty - title VI EU treaty, Unanimity

Web sites

• European Commission
  • Employment and social affairs (including special site on racism and xenophobia)
  • Internal market
  • Research and development
• Other European Union sites
  • Activities of the European Union: Human rights
  • European Ombudsman
  • European parliament
  • EU Council of ministers

Organisations

• European Court of Human Rights
• European Monitoring Centre on Racism and Xenophobia
  - EUMC Bulletin
• Euro-Citizen Action Service
• United Nations High Commissioner for Human Rights
• Amnesty International