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

The Committee on Constitutional Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggestions into its motion for a resolution:

1.Welcomes the progress made on the negotiations towards the EU’s accession to the European Convention on Human Rights (ECHR), as required by the Treaty of Lisbon, and the recent provisional agreement reached on the draft revised accession instruments; demands that accession be finalised as soon as possible in order to consolidate and render more coherent the protection of human rights in Europe by subjecting all European institutions to the authority of the ECHR and by enabling individuals to bring cases against the Union directly before the European Court of Human Rights; calls furthermore 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 the Council of Europe conventions to be finalised, such as the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the Lanzarote Convention, the Criminal Law Convention on Corruption and the Civil Law Convention on Corruption, as well as the European Social Charter and the Istanbul Convention; calls on the bodies of the EU and the Member States to foster comprehensive and constructive cooperation with the Council of Europe with the aim of strengthening their responsibilities to guarantee the safeguarding of fundamental rights;

3.Stresses the importance of the Istanbul Convention for the protection of the fundamental rights of women, combating violence and domestic violence and calls on the six Member States who have not yet ratified it to do so without further delay;

4.Calls for the key role of the EU Agency for Fundamental Rights (FRA) to be strengthened, including by expanding its tasks and powers to further promote and protect fundamental rights across the EU;

5.Stresses the role of Member States at all levels, notably the levels of national and regional parliaments, national and local administrations and law enforcement authorities, in ensuring the full application of the Charter of Fundamental Rights (the Charter) when implementing EU law; recalls that the FRA must be granted sufficient capacities and the resources in order to undertake the tasks entrusted to it in accordance with its renewed mandate;

6.Invites the Commission and the Member States to further inform civil society actors and involve them in the implementation of the Charter; recalls that according to the FRA Fundamental Rights Report 2022, there is still room for improvement in the protection and promotion of fundamental rights at local level; recalls the need to guarantee that the rights and principles enshrined in the Charter are correctly taken into account at every step of the EU legislative process and to monitor the implementation of all the rights enshrined therein at all levels of governance; stresses that the EU must also prioritise the education and awareness of its citizens regarding their fundamental rights, ensuring that they are well informed and empowered to exercise these rights;

7.Takes note of the Council of Europe’s report of 6 October 2022 entitled ‘Freedom of political speech: an imperative for democracy’; stresses that freedom of expression in the EU must not be limited by the interests, constitutional framework or political choices of a Member State; stresses the importance of media pluralism and freedom of expression; stresses the need to ensure the impartiality and effective independence of national regulatory authorities from governments; strongly condemns unjustified and disproportionate interference by these authorities in journalistic expression and editorial decisions in some Member States; welcomes in this regard the proposal for a European media freedom act and calls for its swift approval;

8.Takes note of the Council of Europe’s report of June 2022 entitled ‘Pegasus spyware and its impacts on human rights’; expresses deep concern about its conclusion that Pegasus spyware has or potentially could have detrimental effects on human rights and fundamental freedoms, including the right to dignity, freedom of assembly, freedom of religion, and even the physical and psychological integrity of the individual; calls on the Member States to immediately cease the use of Pegasus spyware;

9.Takes note of the opinions, reports and studies of the Venice Commission; requests that they be complied with and appropriately followed up on;

10.Takes note of the reports from the OSCE/ODIHR on election observations in participating states in the EU;

11.Regrets that the fundamental rights and residence status of EU and UK citizens have been severely affected by the UK’s withdrawal from the EU; stresses that the Northern Ireland Protocol is a prerequisite for a smooth relationship between the EU and the UK; calls on the UK Government and all Member States to guarantee the full protection of the rights of EU and UK citizens as laid out in the EU-UK Withdrawal Agreement, the Trade and Cooperation Agreement and the Windsor Framework, as well as those enshrined in the Good Friday Agreement;