This focus takes a closer look at the application of the Charter of Fundamental Rights of the European Union, which has been legally binding for 10 years. At EU level, it has gained visibility and sparked a new fundamental rights culture. At national level, awareness and use of the Charter are limited. Courts increasingly use the Charter, showing the impact of this modern instrument. But its use by governments and parliaments remains low. For instance, there is little indication of anyone regularly scrutinising national legislation that transposes EU law for compatibility with the Charter.
W niniejszym dokumencie zwraca się szczególną uwagę
na stosowanie Karty praw podstawowych Unii Europejskiej,
która jest prawnie wiążąca od 10 lat. Na szczeblu unijnym
stała się ona bardziej widoczna i zapoczątkowała nową
kulturę praw podstawowych. Na szczeblu krajowym
świadomość i stosowanie Karty są ograniczone. Sądy w coraz
większym stopniu stosują Kartę, co pokazuje znaczenie tego
nowoczesnego instrumentu. Niemniej jednak jego stosowanie
przez rządy i parlamenty pozostaje na niskim poziomie.
Przykładowo niewiele wskazuje na to, by ktokolwiek
regularnie kontrolował przepisy krajowe dokonujące
transpozycji prawa Unii pod kątem ich zgodności z Kartą.
O presente Destaque aborda mais de perto a aplicação da
Carta dos Direitos Fundamentais da União Europeia, que se
tornou juridicamente vinculativa há 10 anos. Ao nível da UE,
a Carta ganhou visibilidade e deu origem a uma nova cultura
de direitos fundamentais. No plano nacional, a sensibilização
para a Carta e a sua utilização têm sido limitadas. Os tribunais
utilizam cada vez mais a Carta, evidenciando o impacto deste
moderno instrumento. Mas a sua utilização pelos governos
e parlamentos continua a ser modesta. Por exemplo, há
poucas indicações sobre a existência ou não de pessoas
que se dedicam a examinar regularmente se as legislações
nacionais que transpõem a legislação da UE são compatíveis
com a Carta.
Ta osrednja tema podrobneje obravnava uporabo Listine
Evropske unije o temeljnih pravicah, ki je pravno zavezujoča
že 10 let. Na ravni EU je postala prepoznavnejša, spodbudila
pa je tudi novo kulturo spoštovanja temeljnih pravic. Na
nacionalni ravni sta uporaba Listine in ozaveščenost o njej
omejeni. Na sodiščih se uporaba tega sodobnega instrumenta
povečuje, kar kaže, da ima vpliv, vlade in parlamenti pa ga
še naprej uporabljajo le redko. Tako na primer skoraj nič ne
kaže na to, da kdo redno podrobno preverja, ali je nacionalna
zakonodaja za prenos prava EU skladna z Listino.
The year 2019 brought both progress and
setbacks in terms of fundamental rights protection.
FRA’s Fundamental Rights Report 2020 reviews
major developments in the field, identifying both
achievements and remaining areas of concern.
This publication presents FRA’s opinions on the main
developments in the thematic areas covered, and a
synopsis of the evidence supporting these opinions.
In so doing, it provides a compact but informative
overview of the main fundamental rights challenges
confronting the EU and its Member States.
FRA’s Fundamental Rights Report 2020 reviews major developments in the field in 2019, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions. This year’s focus chapter explores how to unlock the full potential of the EU Charter of Fundamental Rights.
The Coronavirus pandemic continues to interrupt everyday life in the EU
in unprecedented ways. But the way it affects our societies is shifting. As
governments gradually lift some of the measures put in place to contain the
spread of COVID-19, new fundamental rights concerns arise: how to ensure that
the rights to life and health are upheld as daily life transitions to a ‘new normal’.
This Bulletin looks at declarations of states of emergency, or equivalent, and
how they came under scrutiny. It considers the impact on fundamental rights in
important areas of daily life, and includes a thematic focus on the processing of
users’ data to help contain COVID-19, particularly by contact-tracing apps. It covers the period 21 March – 30 April 2020.
The EU Agency for Fundamental Rights has been regularly collecting data on migration since September 2015. This report focuses on the fundamental rights situation of people arriving in Member States and EU candidate countries particularly affected by large migration movements. It addresses key fundamental rights concerns between 1 January and 31 March 2020.
A total of 139,799 persons aged 15 years or older who describe themselves as lesbian, gay, bisexual, trans or intersex (LGBTI) completed the online EU-LGBTI II Survey in all EU Member States and the candidate countries of North Macedonia and Serbia.
This report presents select findings from FRA’s 2019 survey on LGBTI people in the EU and North Macedonia and Serbia. With almost 140,000 participants, it is the largest survey of its kind. It follows the agency’s first survey on LGBT people in the EU, conducted in 2012. The new survey results show little progress over the past seven years.
In 2019 the EU Agency for Fundamental Rights (FRA) carried out the world’s biggest ever survey of lesbian, gay, bisexual, trans and intersex people’s life experiences. Almost 140,000 LGBTI people told us about their lives – in their own words.
In recent years, thousands of girls and boys have reached Europe without their parents, and sought international protection. Many of them experienced violence, abuse and neglect in their home countries, and while in transit. They have the right to be protected in line with the provisions of the UN Convention on the Rights of the Child, the European Convention on Human Rights, and European Union law. This report explores the challenges and good practices gathered in the implementation of such relocation programmes. Based on information FRA collected in 10 EU Member States, it aims to help national authorities to support the relocation of unaccompanied children by taking measures that are fully rights compliant and practically feasible.
Based on the lessons learned from relocation
experiences and on existing international and EU legal
standards, FRA has developed a number of practical
suggestions for the adjustment of relocation efforts to
the protection needs of unaccompanied children. This
guidance aims to be a practical tool for Member States
that wish to engage in the relocation of unaccompanied
children and in any future responsibility-sharing
mechanisms, and to gain knowledge on how this can
be done while respecting the child’s best interests.
The outbreak of COVID-19 affects people’s daily life in the 27 EU Member States. As the number of infected people in the EU territory began to mount rapidly in February and March, governments put in place a raft of measures – often introduced in a period of only a few days – in an effort to contain the spread of the virus. Many of these measures reflect how, in exceptional emergency situations, the urgent need to save lives justifies restrictions on other rights, such as the freedom of movement and of assembly. This report outlines some of the measures EU Member States have put in place to protect public health during the COVID-19 pandemic. It covers the period 1 February – 20 March 2020.
Children in migration are more vulnerable than adults, particularly when they are unaccompanied. Their vulnerability makes them more exposed to violence, exploitation and trafficking in human beings, as well as physical, psychological and sexual abuse. This report looks into challenges to the fundamental rights of children in migration throughout 2019. It pulls together the main issues identified in FRA’s Quarterly Bulletins on migration in selected EU Member States.
Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.
The EU Agency for Fundamental Rights (FRA) urges Member States to agree on a simple and practical workflow as soon as possible, to avoid lack of clarity and delays in the relocation process. This paper provides practical suggestions on relocation of unaccompanied children from Greece, building on lessons learned from previous mandatory and voluntary relocation schemes. The paper provides FRA input on the initiative of the European Commission and a group of Member States to relocate unaccompanied children.