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OPINION (2023/2028(INI))

On the situation of fundamental rights in the EU in 2022 and 2023

AFCO-AD-745315

Committee on Constitutional Affairs · Rapporteur: François Alfonsi

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The Committee on Constitutional Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs to incorporate its suggestions into a resolution on fundamental rights in the EU in 2022 and 2023. It asks for the EU's accession to the European Convention on Human Rights and other Council of Europe conventions to be finalised, and for the EU Agency for Fundamental Rights to be strengthened. It calls for better application of the Charter of Fundamental Rights, protection of media freedom, a ban on Pegasus spyware, and full protection of EU and UK citizens' rights after Brexit. It demands firm action on rule of law violations, reform of Article 7 TEU, and a binding rule of law obligation for all member states.

Committee position. The Committee on Constitutional Affairs suggests amendments to the Committee on Civil Liberties, Justice and Home Affairs for its resolution on fundamental rights in 2022 and 2023, covering EU accession to human rights conventions, rule of law, media freedom, spyware, and post-Brexit citizens' rights.

Key points

  1. Welcomes progress on EU accession to the European Convention on Human Rights and demands it be finalised so individuals can bring cases against the EU before the European Court of Human Rights.
  2. Calls for EU and member state accession to Council of Europe conventions on torture prevention, corruption, social rights and violence against women, and for cooperation with the Council of Europe.
  3. Stresses the Istanbul Convention's importance and calls on the six member states that have not ratified it to do so without delay.
  4. Calls for the EU Agency for Fundamental Rights to be strengthened with expanded tasks and sufficient resources, and for member states to apply the Charter at all levels.
  5. Invites the Commission and member states to involve civil society in implementing the Charter and to prioritise citizens' education on fundamental rights.
  6. Condemns interference in journalistic expression, stresses media pluralism and independence of regulators, and calls for swift approval of the European media freedom act.
  7. Expresses deep concern about Pegasus spyware's effects on human rights and calls on member states to immediately cease its use.
  8. Regrets that EU and UK citizens' rights were affected by Brexit and calls for full protection under the Withdrawal Agreement, Trade and Cooperation Agreement, Windsor Framework and Good Friday Agreement.
  9. Calls on member states to treat refugees from Russia's war with humanity and to fully implement Article 2 TEU, including in migration and asylum negotiations.
  10. Condemns rule of law violations, calls on the Commission to use all tools against attacks on Article 2 TEU values, and supports the Rule of Law Conditionality Regulation and reform of Article 7 TEU.
  11. Suggests rule of law be a binding obligation on all member states throughout membership, and calls for annual rule of law conferences with citizens and civil society.
  12. Deplores scandals like Qatargate and Pegasus spying on MEPs, welcomes Parliament's Rules of Procedure amendments and the PEGA inquiry, and calls for transparency on surveillance laws.

Who is affected

  • Member states, which must ratify the Istanbul Convention, cease Pegasus use, and protect rule of law and fundamental rights.
  • EU institutions, which must ensure transparency, protect whistleblowers and strengthen the Fundamental Rights Agency.
  • EU and UK citizens, whose residence and fundamental rights must be protected under post-Brexit agreements.
  • Migrants and refugees, who must be treated with humanity and have their rights respected.
  • Civil society and citizens, who should be involved in Charter implementation and rule of law conferences.

Figures and deadlines

  • 6 October 2022, date of Council of Europe report on freedom of political speech.
  • June 2022, date of Council of Europe report on Pegasus spyware.
  • 2020, year since which the Rule of Law Report has been published annually.
  • 2023, year of the Rule of Law Report welcomed by the committee.
  • six Member States, number that have not yet ratified the Istanbul Convention.