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.

The Charter is most effective, and has a real impact on people’s lives, when parliaments, governments and courts at local, regional and national levels all actively apply it. The national sphere is particularly relevant. A strong fundamental rights architecture and committed national governments and parliaments are key to letting the Charter unfold its potential at this level. Civil society organisations (CSOs) and national human rights institutions (NHRIs) are also crucial given their contributions to the protection and promotion of Charter rights.

With this Opinion, FRA aims to contribute to the European Parliament's own-initiative report on the “Implementation of the Charter of Fundamental Rights of the European Union in the EU institutional framework”, being prepared in the Parliament’s Committee for Constitutional Affairs (AFCO). The request aims at understanding the interaction between the Charter’s implementation at national and EU level, and whether there are “instruments, mechanisms and practices” available at EU level to assist Member States to better implement the Charter.