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DRAFT OPINION (2023/2028(INI))

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

AFCO-PA-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 include its suggestions in a resolution on fundamental rights in the EU in 2022 and 2023. It calls for the EU to join the European Convention on Human Rights, the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, and for EU and member state accession to Council of Europe conventions. It stresses that freedom of expression must not be limited by a member state's interests, constitutional framework or political choices, and calls for a democracy, rule of law and fundamental rights mechanism set up by interinstitutional agreement. It calls on the UK Government and member states to protect the rights of EU and UK citizens penalised by Brexit, and says the Northern Ireland Protocol is a prerequisite for smooth EU-UK relations. It says Russia's war against Ukraine creates a situation of prospective enlargement to Ukraine, Moldova and Georgia, and calls for firm action against rule of law attacks and for Parliament's credibility to be restored after scandals.

Committee position. The Committee on Constitutional Affairs proposes that the Committee on Civil Liberties, Justice and Home Affairs incorporate its suggestions into its motion for a resolution, covering EU accession to human rights and minority conventions, freedom of expression, a rule of law mechanism, Brexit rights, enlargement and recent scandals.

Key points

  1. Calls for the EU's accession to the European Convention on Human Rights to be finalised and for the EU to accede to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages.
  2. Calls for the accession of the EU and its member states to Council of Europe conventions to be finalised and for cooperation with the Council of Europe to be strengthened.
  3. Recalls the key role of the EU Agency for Fundamental Rights.
  4. Takes note of the Council of Europe's report of 6 October 2022 on freedom of political speech and stresses that freedom of expression in the EU must not be limited by a member state's interests, constitutional framework or political choices.
  5. Reiterates the need for a mechanism for democracy, the rule of law and fundamental rights, to be established through an interinstitutional agreement.
  6. Calls on the UK Government and the member states to ensure full protection of the rights of EU and UK citizens still penalised by Brexit.
  7. Stresses that the Northern Ireland Protocol is a prerequisite for a smooth EU-UK relationship, calls for continued vigilance to preserve the Good Friday Agreement and welcomes the Windsor Framework.
  8. Considers that Russia's war of aggression against Ukraine places the EU in a new situation of prospective enlargement to Ukraine, Moldova and Georgia, with the Copenhagen criteria as a fundamental basis, and calls for all refugees to be treated with humanity, solidarity and generosity.
  9. Calls on the Commission to take a very firm stance against persistent attacks on the rule of law in certain member states.
  10. Deplores recent scandals that have tarnished the EU's image, such as Qatargate and State espionage using Pegasus, with MEPs among the targets.
  11. Calls for all the consequences of these scandals to be addressed and for Parliament's credibility to be fully restored.

Who is affected

  • The Committee on Civil Liberties, Justice and Home Affairs, which is asked to incorporate the suggestions into its motion for a resolution.
  • EU and UK citizens, whose rights the UK Government and member states are asked to protect.
  • Certain member states, against which the Commission is asked to take a firm stance on rule of law attacks.
  • Ukraine, Moldova and Georgia, named as prospective enlargement countries.
  • Refugees, who should be treated with humanity, solidarity and generosity.

Figures and deadlines

  • 6 October 2022, date of the Council of Europe's report on freedom of political speech.