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Europaudvalget 2014-15 (1. samling), Europarådet 2014-15 (1. samling), Det Udenrigspolitiske Nævn 2014-15 (1. samling)
EUU Alm.del Bilag 429, ERD Alm.del Bilag 7, UPN Alm.del Bilag 165
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UNDAMENTAL

ALUES AND THE

ULE OF

UROPEAN

FFAIRS

OMMITTEE

EARING AT THE

ANISH

ARLIAMENT

12 M

ARCH

, C

OPENHAGEN

Morten Kjærum

Director of the European Union Agency for Fundamental Rights

________________________________________________________________

Ms Chairwoman, Members of Parliament,

Thank you for the invitation to address you all here today.

When we discuss about threats to the fundamental values of the EU, I find it

important not to limit ourselves to the dimension of the rule of law only.

Therefore I am glad that the title of this hearing takes a wider approach.

Against the background of the fact that the EU disposes over a Charter of

Fundamental Rights but not a Charter for democracy or a Charter for the rule

of law, it appears wise to take fundamental rights as the EU’s starting point

when discussing the EU’s fundamental values.

The Charter of Fundamental Rights is putting detailed flesh on the normative

backbone we find in the list of values in Article 2 of the EU Treaty.

And maybe it is also wise not to start by being negative. I would like to remind

us what the EU and its Member States have achieved in the area of

fundamental rights. We have:

•

a legally-binding Fundamental Rights Charter that run like a common

thread through the EU founding values;

the European Commission’s actions to uphold our fundamental values,

non-discrimination principles, for example;

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•

“fundamental rights friendly” judgements from the Court of Justice;

And the European Parliament regularly acting as a watchdog on

fundamental rights issues.

Could I stop here and say: Everything is fine?

No, obviously challenges still remain. Take:

•

The ongoing debates over the right to privacy and data protection, as

illustrated by the European Court of Justice’s decision on the data

retention directive or discussions on the EU Passenger Name Record

system;

Or threats to social and economic rights, including access to health and

education;

Or the rise of extremism and populism throughout Europe, which in

particular targets ethnic and sexual minorities;

Or finally the serious risk of undermining the rule of law in some EU

countries.

•

FRA’s research and large-scale surveys have uncovered and unmasked a

sense of anxiety amongst people living in the EU. Across our different

surveys, victims have reported a lack of trust in law enforcement and other

institutions to address violations of their fundamental rights. Take hate crime:

Large numbers of victims – up to 80% depending on which minority group you

ask - do not report the crime to the police or any other organisation.

So, what can be done? Allow me to start with the conclusion: Let’s use what

we already have, but let’s be smarter and more focussed.

Since 2013, there has been an intensive debate on what more the EU and its

Member States can do to ensure that the values of the Union are promoted,

respected and fulfilled. There are a number of possible avenues open to

ensure that the Union and its Member States live up to their fundamental

rights commitments.

First, we need to promote the understanding of

fundamental rights as a

horizontal issue.

We need to see human rights as an issue, which is not

compartmentalized, but a horizontal obligation, influencing all policy agendas,

from migration to internal security, from child rights to Roma issues.

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Fundamental rights have to be a natural and integral part of everything that

the EU does. After all the EU should be leading by example rather than

lecturing from a podium.

Second, we need

multi-level cooperation

between the EU, national, regional

and local levels. Given the complexity of the challenges we face and the

diversity between Member States, fundamental rights actors at different levels

need to work together and develop joint efforts within their respective

competencies.

The European Commission’s Annual Colloquium on fundamental rights is a

step in this direction. Also the Council of the EU announced an annual

“dialogue among Member States to promote and safeguard the rule of law”.

I very much hope that these initiatives will advance the debate on how best to

safeguard the values that are shared between the Union and its States.

Given its own network structure and ties to fundamental rights actors at all

levels, FRA is well placed to contribute to such endeavours.

Third, there is a need to zoom in on the

practical implementation

of legal

and political commitments as they appear on paper. Many judges, lawyers

and officials are unaware of EU legislation. This is problematic since EU law is

typically implemented not by EU bodies but by actors at different layers of

governance.

For that, simple and practical tools are needed to ensure that fundamental

rights standards are upheld. FRA’s popular series of handbooks on human

rights case law covering asylum, data protection, non-discrimination etc. that

target legal practitioners is one such example.

Fourth, the

exchange of promising practices

can help pool knowledge and

expertise from different Member States. We need to develop more

opportunities for good practice sharing and peer-to-peer support between

Member States. FRA has set up two Working Parties with Member States on

hate crime and on Roma integration. This bears fruits. For example, the Hate

Crime Working Party is developing a simple reporting tool for victims to report

incidents of hate crime. Not addressing hate crime is a factor in the

radicalisation that we see in Europe today.

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The Roma Working Party is drafting a common set of indicators that can be

used to assess national Roma integration strategies. Such indicators, for

example, can tell us whether the existing EU funds do indeed improve the

fundamental rights of Roma or whether the funding stays in Brussels or

disappears into the wrong pockets. These are simple but essential

accountability tools, tools that are so much needed and so much resisted by

many Member States.

Practical support to mainstream fundamental rights at the operational level

should be a priority for the allocation of all EU funds.

Finally, a few words on how FRA could assist the EU institutions and Member

States to ensure that their shared values are upheld. Our

independent

research

and EU-wide surveys provide detailed evidence on fundamental

rights shortcomings in Member States. Upon request by any EU institution, the

Agency can provide high-level

expert advice

on all relevant draft EU

legislation to ensure that it is compatible with fundamental rights.

Our networks link the Agency to fundamental rights actors at virtually all

levels. And our annual reports include proposals of how the EU and its

Member States could address challenges in selected policy fields. And we

collect promising practices from across the EU which guide Member States on

how to address fundamental rights challenges in very practical ways. This,

finally, is complemented by FRA’s high-level Scientific Committee that brings

together renowned experts with a proven record of solid judgement. Its

experts include members of Constitutional Courts, the former Vice President

of the European Court of Human Rights, as well as members of UN, Council

of Europe and national monitoring bodies. So before creating something new -

why not use what is already there?

To conclude:

As you can see the toolbox for EU and Member States to use is extensive. If

we were to use all these tools, we would not need to reinvent the wheel.

Instead we would demonstrate beyond all doubt to the European citizens that

the EU and its Member States are prepared to protect the fundamental values

that are such an integral part of living in Europe.

Thank you.