Conclusies Raad over rapport over toepassing Handvest van de Grondrechten (en)

COUNCIL OF THE EUROPEAN UNION

Council conclusions on the 2011 report from the Commission on the Application of the EU Charter of Fundamental Rights

3180th GERAL AFFAIRS Council meeting Luxembourg, 26 June 2012

The Council adopted the following conclusions:

• 1. 

  "The Council welcomes the 2011 report from the Commission on the Application of the EU Charter of Fundamental Rights, which underlines the importance of promoting effective implementation of the Charter and identifies important developments in 2011
• 2. 

  The Council emphasizes the importance that EU institutions and bodies as well as Member States, when implementing EU law, fully enforce the Charter. In particular in times of economic crisis, a legally stable environment based on the rule of law and on the respect for fundamental rights is the best guarantee for citizens' trust, the confidence of investors and against the rise of racism and xenophobia
• 3. 

  In line with the Stockholm Programme ¹ the Council as co-legislator once again underlines its responsibility in ensuring respect for fundamental rights in every phase of the decisionmaking process, for legislative as well as for non-legislative proposals

The Stockholm Programme - an open and secure Europe serving and protecting citizens, 2010/C

• 4. 

  In this context the Council recalls its conclusions of 25 February 2011 on the role of the Council of the European Union in ensuring the effective implementation of the Charter of Fundamental Rights of the European Union, ² its conclusions of 23 May 2011 on the Council's actions and initiatives for the implementation of the Charter of Fundamental Rights of the European Union,³ as well as the guidelines on methodological steps to be taken to check fundamental rights compatibility in the Council's preparatory bodies.⁴ These tools are aimed at ensuring that practical steps are taken at any level of the legislative process to ensure compatibility with Charter rights throughout the Council's internal decision-making procedures and to raise awareness of the Charter within the Council. Further efforts should be enhanced to put in practice the principles and working methods contained in these tools
• 5. 

  The Council agrees with the Commission that more information is required about the efforts to ensure the effective application of the Charter at national level. In this respect, the Council encourages Member States, where appropriate, to inform the Commission about the most significant developments in the case law of their courts, and about specific activities relating to the Charter
• 6. 

  The Council welcomes increasing judicial dialogue and greater interaction between fundamental rights mechanisms at national and international level in relation to Charter rights
• 7. 

  The Council welcomes the information provided on the European e-Justice Portal on where to complain when citizens consider that their fundamental rights are violated, and encourages all Member States to take part in this initiative
• 8. 

  The Council agrees with the Commission that more emphasis should be placed on communicating to the citizens the precise nature and scope of the rights protected by the Charter as well as the interaction between fundamental rights protection mechanisms at national as well as international level. This should go hand in hand with providing better information, preferably through electronic means, about remedies available at national and EU level for fundamental rights violations. This requires joint efforts of all actors at national and at EU level. The establishment of "admissibility check lists" by competent complaints mechanisms and bodies could help complainants to determine whether their case can likely be dealt with by the body concerned
• 9. 

  The accession of the European Union to the European Convention on Human Rights, as provided for in Article 6 (2) of the Treaty on European Union, will enhance coherence in human rights protection in Europe. The Council underlines its dedication to take this process forward

FREMP 13 JAI101 COHOM 44 JUSTCIV 19 JURINFO 5 /11 FREMP 53 JAI 318 COHOM 131 JUSTCD/ 128 JURINFO 30 FREMP 54 JAI 319 COHOM 132 JURINFO 31 JUSTCD/ 129

• 10. 

  The data collected by the Fundamental Rights Agency on specific thematic topics and opinions given in accordance with its mandate remain an important tool for the EU institutions and its Member States in many matters related to the implementation of EU law. The Council appreciates the role of the Agency in raising awareness about when the Charter applies and about where to turn to when fundamental rights have been violated, including through the further development of its dedicated Charterpedia web-database and application
• 11. 

  Bearing in mind the invitation made in the Stockholm Program, the Council encourages all EU institutions and the Member States to make full use of the expertise of the Agency and to consult with the Agency, where appropriate and in line with its mandate, on the development of legislation and policies with implications for fundamental rights. Furthermore, the Council invites the Agency, in the reports drafted with its thematic areas, to take into account how the Charter is being applied. The Council finally reiterates its commitment to discuss the findings and recommendations of the Agency's annual reports and, where appropriate, other reports, in the Working Party on Fundamental Rights, Citizens' Rights and Free Movement of Persons or in other preparatory bodies of the Council, depending on the subject matter of the report
• 12. 

  The Presidency organized on 15-16 March 2012 in Copenhagen a seminar on the practical application of the Charter. This seminar was very well received by all stakeholders and generated an interesting and important debate. The discussions touched amongst other things upon the challenges faced by practitioners (judges, lawyers, prosecutors etc.) in their daily work in assessing the practical situations in which the Charter applies. A strong wish was expressed for the Commission to develop practical tools in this respect and the Council welcomes this initiative
• 13. 

  The Council welcomes further debate on the Charter and its application and renews its commitment to have every year an exchange of views on the Commission's annual report on the application of the Charter."