What changed between the draft committee report and the plenary report

Respect for human dignity, freedom, democracy, equality, the rule of law and human rights are the founding values of the European Union as set out in Article 2 TEU and the Charter of Fundamental Rights. Upholding and actively promoting these values is an obligation of both, the EU institutions and the Member States. The Rapporteur is of the opinion that, in recent years, a worrisome decline of the respect of fundamental rights took place in across the European Union and that the consensus on the common European values is at risk of crumbling.

In the years 2022 and 2023, the EU faced new, unprecedented challenges. Still dealing with the adverse effects of the Covid-pandemic, the Russian war of aggression against Ukraine added the influx of millions of people, who were forced to leave their homes. Consequently, the report should adequately reflect fundamental rights questions arising from these circumstances, including but not limited to (i) the use of emergency legislation and its effect on the space for CSOs, (ii) the role of free media for the functioning of democratic systems, and (iii) the protection of social rights, and (iv) fundamental rights protection for refugees and migrants.

Approach by the Rapporteur

The Rapporteur aims to achieve a comprehensive report, reflecting the main developments in the years in question.

The report should primarily reflect the general tendencies of the fundamental rights situation in the European Union in the years 2022 and 2023. However, the report should also cover systemic problems in individual Member States, provided there is an ongoing procedure on the matter at the European level, including procedures under Article 7 TEU, infringement procedures, and judgements by the CJEU and the ECtHR.

Structure

In order to be able to cover all relevant elements, the draft report is structured around the main clusters of fundamental rights, broadly based on the chapters of the Charter of Fundamental Rights. Instead of focusing only on some priorities or specific groups, and in light of the maximum length of four pages for own-initiative reports, the Rapporteur is seeking to provide a general outline under which all fundamental rights questions can be categorised. It can and will be enriched during the amendment stage.

The main categories are:

The rule of law and access to justice

This chapter covers inter alia the role of free media, the use of emergency legislation, parliamentary rights, the independence of the judiciary, effects of corruption, and rule of law procedures at the European level.

Freedoms

This chapter covers inter alia collective freedoms, as the right of assembly and the right of association, as well as individual freedoms, such as the right to liberty and security, freedom of thought, the protection of personal data, freedom of expression and information, and the right to asylum.

Equality and dignity

This chapter covers inter alia the right to non-discrimination on grounds of gender, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. It also covers the right to respect for a person’s physical and mental integrity, particularly relating to hate speech and hate crimes.

Social, economic and environmental rights

This chapter covers inter alia poverty as discrimination, social inequalities, digital poverty, housing, access to education, access to employment, the right of collective bargaining, and the right to have access to a healthy and sustainable environment.

Institutional safeguards for fundamental rights

This chapter covers inter alia the role of institutions such as the Council of Europe and the European Court of Human Rights, the European Court of Justice, the EU Fundamental Rights Agency, the European Public Prosecutor’s Office, as well as national courts and national equality bodies.