Fundamental rights in the EU

Every EU citizen enjoys the same fundamental rights based on the values of equality, non-discrimination, human dignity, freedom and democracy. These rights are secured and set out in EU treaties and the Charter of Fundamental Rights.

EU Charter of Fundamental Rights

The EU is founded on values such as fundamental rights, democracy and the rule of law. These values are at the heart of the EU’s purpose and its principles, and the EU aims to protect and promote them both within and beyond its borders.

The Charter of Fundamental Rights ensures everyone’s fundamental rights in the EU. It lays down the personal, civic, political, economic and social rights that belong to everyone in the EU. First adopted in 2000, it became legally binding in 2009, following the entry into force of the Lisbon Treaty. This means that all EU institutions and bodies are bound by the Charter, as are member states when they implement EU law.

The charter consists of 50 articles covering rights falling under the following areas:

human dignity
freedoms
equality
solidarity
citizens’ rights
justice

These are followed by general provisions on the interpretation and application of the charter.

A white dove in flight next to an open book, with a yellow circle in the background.

Implementation of the charter

Every year, the Commission submits a report on the application of the charter, which may then be followed up on in the Council through the approval of conclusions. In general, the conclusions focus on several issues such as non-discrimination, rights of the child, racism and xenophobia, and violence against women.

Where necessary, the EU can also adopt laws to ensure the protection of the rights defined in the charter. This includes issues such as the right to a fair trial and the protection of personal data.

EU accession to the European convention on human rights

The European convention on human rights (ECHR) is an international treaty which aims to protect human rights and political freedoms throughout Europe. It was adopted in 1950, and all 27 EU countries are party to it.

To ensure that the EU and EU law are subject to the same standards as member states, the Treaty of Lisbon sets out the obligation for the European Union to accede to the convention.

The European Union’s accession would complete the protection of fundamental rights of EU citizens and other Europeans and would strengthen common values. It would also improve the effectiveness of EU law and enhance the consistency of fundamental rights protection in Europe.

On 18 December 2014, the Court of Justice of the EU gave a negative opinion on the compatibility of the then draft agreement with the EU treaties. An amended draft agreement has been submitted to the European Court of Justice for a new opinion.

Role of the Council

The protection of fundamental rights is a horizontal issue, which affects all fields of EU activity. This means they must be taken into consideration by all Council bodies in their work throughout the legislative process, irrespective of their level or the topics they cover.

In addition to this, there is a specialised body dealing with all issues related directly to fundamental rights: the Working Party on Fundamental Rights, Citizens' Rights and Free Movement of Persons (FREMP).

Working Party on Fundamental Rights, Citizens Rights and Free Movement of Persons (FREMP)

Cooperation with the EU agency for fundamental rights

The Council maintains close cooperation with the EU agency for fundamental rights. This includes:

adopting the legal basis and its programming document
ensuring follow-up to the agency's annual report and other studies and reports relevant to the Council's work

The agency's annual report also serves as a basis for the discussions in the Council regarding the drafting of conclusions on the implementation of the charter.

On 5 April 2022, the Council adopted an enhanced mandate for the agency.