On the implementation of the Charter of Fundamental Rights of the European Union in the EU legal framework
AFCO-PR-775590
Committee on Constitutional Affairs · Rapporteur: Alessandro Zan
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This draft report by Parliament's Committee on Constitutional Affairs assesses how the Charter of Fundamental Rights is implemented across the EU legal framework. It reaffirms the Charter as binding primary law and calls for stronger enforcement, new legislation and Treaty changes.¶¶¶ It asks for anti-discrimination legislation, recognition of parenthood and gender identity, action against hate crime and conversion practices, and Charter safeguards in digital, asylum and social policy.¶¶¶ It calls for EU funds to be conditional on Charter and Rule of Law compliance, and for a systematic enforcement model with infringement procedures and monitoring of CJEU judgments.¶¶¶ It proposes EU accession to the European Convention on Human Rights, revision of Article 51(1) TEU, new wording in Articles 21(1) and 37 of the Charter, a stronger Fundamental Rights Agency, and broader access to the CJEU.¶¶¶
Committee position. The rapporteur proposes that Parliament reaffirm the Charter's centrality, call for stronger enforcement and new legislation, and back Treaty changes, EU accession to the European Convention on Human Rights and broader access to the CJEU.¶¶¶
Key points
- Reaffirms the Charter as binding primary law with the same legal value as the Treaties, and says EU bodies and Member States must respect it in line with CJEU judgments.¶
- Says rapid technological, environmental, climatic and societal change require a proactive approach, with the Charter guiding emerging policy areas such as environment, climate and artificial intelligence.¶
- Welcomes the Commission's initiatives to promote the Charter and the mid-term review of the strategy to strengthen its application.¶
- Calls on Member States to respect their obligations and on the Commission to launch infringement procedures for Charter breaches, and on the Council to agree the horizontal anti-discrimination directive without delay.¶
- Welcomes the LGBTIQ+ equality strategy 2026-2030 and calls on Member States to renew or adopt national LGBTIQ+ action plans or strategies.¶
- Welcomes the Commission's proposal on recognition of parenthood between Member States and calls on the Council to implement it, protecting children's rights and family life.¶
- Urges Member States to guarantee legal recognition of gender identity and self-determination, condemns conversion practices, and urges the Commission to act against them.¶
- Urges Member States to add hate speech and hate crimes to the criminal offences under Article 83(1) TFEU, and the Commission to propose legislation against them.¶
- Calls for safeguards for safe online space, action against illegal online content, and full respect for the Charter, the right to asylum and uniform EU standards in the Common European Asylum System.¶¶
- Calls for more EU funds for the Charter, Charter and Article 2 TEU compliance as a prerequisite for EU funds, conditionality against Member States that fail to implement CJEU judgments, and support for the European Pillar of Social Rights.¶¶
- Urges Member States to implement the Charter with training, exchanges and awareness campaigns, and the Commission to use infringement procedures and a systematic enforcement model.¶¶
- Calls for EU accession to the European Convention on Human Rights, revision of Article 51(1) TEU, new Charter wording on gender and climate, a stronger Fundamental Rights Agency, and broader access to the CJEU.¶¶¶
Who is affected
- Member States, which must implement the Charter, guarantee rights such as gender recognition, and face possible infringement procedures and funding conditionality.¶¶¶
- EU institutions, especially the Commission, which is asked to enforce the Charter, monitor CJEU judgments and propose new legislation.¶¶
- LGBTQIA+ persons, women and vulnerable groups, who face discrimination, hate crime and barriers to recognition of parenthood or gender identity.¶¶¶
- Civil society organisations and human rights defenders, which the report says need EU funding and protection from restrictions.¶
- The Fundamental Rights Agency, which the report wants to become an independent human rights authority with more powers.¶