opinion parliamentary committee draft, 4 November 2025
On the implementation of the Charter of Fundamental Rights of the European Union in the EU legal framework
Document LIBE-PA-779458 · (2025/2075(INI))
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Alice Kuhnke
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Amendments 306 paragraphs
The Committee on Civil Liberties, Justice and Home Affairs submits the following to the Committee on Constitutional Affairs, as the committee responsible:
Amendment 1
Motion for a resolution
Citation 2 a (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the case-law of the Court of Justice of the European Union (CJEU) and of the European Court of Human Rights (ECtHR), |
Or. en
Amendment 2
Motion for a resolution
Citation 4 a (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the annual reports of the Council of Europe’s Committee of Ministers, entitled ‘Supervision of the execution of judgments and decisions of the European Court of Human Rights’1a, | |
| 1a https://www.coe.int/en/web/execution/annual-reports. |
Or. en
Amendment 3
Read the rest (294 paragraphs)
Motion for a resolution
Citation 7 a (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Rule of Law Conditionality Regulation)1a, | |
| 1a OJ L 433I,22.12.2020, p. 1, ELI: http://data.europa.eu/eli/reg/2020/2092/oj. |
Or. en
Amendment 4
Motion for a resolution
Citation 7 b (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act)1a, | |
| 1a OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj. |
Or. en
Amendment 5
Motion for a resolution
Citation 7 c (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act)1a, | |
| 1a OJ L, 2024/1689,12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj. |
Or. en
Amendment 6
Motion for a resolution
Citation 7 d (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (Common Provisions Regulation)1a, | |
| 1a OJ L 231, 30.6.2021, p. 159, ELI: http://data.europa.eu/eli/reg/2021/1060/oj. |
Or. en
Amendment 7
Motion for a resolution
Citation 7 e (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act)1a, | |
| 1a OJ L,2024/1083, 17.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1083/oj. |
Or. en
Amendment 8
Motion for a resolution
Citation 7 f (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights1a, in particular paragraph 20 thereof; | |
| 1a OJ C 215, 19.6.2018, p. 162. |
Or. en
Amendment 9
Motion for a resolution
Citation 10 a (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the Commission communication of 16 July 2025 entitled ‘A dynamic EU Budget for the priorities of the future - The Multiannual Financial Framework 2028-2034’ (COM(2025)0570), |
Or. en
Amendment 10
Motion for a resolution
Citation 11 a (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the Commission communication of 3 March 2021 entitled ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030 (COM(2021)0101), |
Or. en
Amendment 11
Motion for a resolution
Citation 11 b (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the Commission communication of 7 October 2020 entitled ‘A Union of Equality: EU Roma strategic framework for equality, inclusion and participation’ (COM(2020)0620), |
Or. en
Amendment 12
Motion for a resolution
Citation 11 c (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the Commission communication of 2 December 2020 entitled ‘Strategy to strengthen the application of the Charter of Fundamental Rights in the EU’ (COM(2020)0711), |
Or. en
Amendment 13
Motion for a resolution
Citation 12
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the Commission’s annual reports on the application of the EU Charter of Fundamental Rights, | – having regard to the Commission’s annual reports on the application of the EU Charter of Fundamental Rights, in particular the Commission report of 10 October 2024 entitled ‘Funding to promote, protect and enforce fundamental rights – 2024 Annual report on the application of the EU Charter of Fundamental Rights’ (COM(2024)0456), |
Or. en
Amendment 14
Motion for a resolution
Citation 13
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the European Union Agency for Fundamental Rights’ annual fundamental rights reports, | – having regard to the European Union Agency for Fundamental Rights’ reports, in particular its annual fundamental rights reports and its report of 19 December 2023 entitled ‘EU funds: Ensuring compliance with fundamental rights’, |
Or. en
Amendment 15
Motion for a resolution
Citation 15 a (new)
| Motion for a resolution | Amendment |
|---|---|
| – having regard to the joint report of the European Implementation Network (EIN) and Democracy Reporting International (DRI) entitled ‘Justice Delayed and Justice Denied: Non-Implementation of European Courts Judgments and the Rule of Law’ on the non-implementation of European Court judgments in EU Member States1a, | |
| 1a https://www.einnetwork.org/blog-five/2024/9/20/justice-delayed-and-justice-denied-report-on-the-non-implementation-of-european-judgments-and-the-rule-of-law. |
Or. en
Amendment 16
Motion for a resolution
Recital I
| Motion for a resolution | Amendment |
|---|---|
| I. whereas the institutions, bodies, offices and agencies of the Union are bound by the Charter, even when they act outside the EU’s legal framework; | I. whereas the institutions, bodies, offices and agencies of the Union are bound by the Charter, even when they act outside the EU’s legal framework or use EU funds; |
Or. en
Amendment 17
Motion for a resolution
Recital I a (new)
| Motion for a resolution | Amendment |
|---|---|
| Ia. whereas, according to the Commission’s 2024 annual report on the application of the EU Charter of Fundamental Rights, not enough funding reaches key players in fundamental rights; whereas challenges include difficulties in finding information on available funding, the availability of funding for the fundamental rights actions of local and regional authorities, and the effect of funding cuts in cases where these cuts restrict the ability of civil society and fundamental rights bodies to contribute to open, democratic discourse; |
Or. en
Amendment 18
Motion for a resolution
Recital I b (new)
| Motion for a resolution | Amendment |
|---|---|
| Ib. whereas a vibrant civil society and an active civic space are essential pillars of democracy, contributing to transparency, accountability and the promotion and protection of Union values as laid down in Article 2 TEU; whereas long-term predictable, adequate and sustainable EU funding for civil society is crucial for it to thrive and to perform its watchdog role, as well as for strengthening societal resilience and whole-of-society responses to crises; whereas civil society organisations (CSOs) also play a crucial role in upholding the Charter and in providing social services, particularly for marginalised communities; |
Or. en
Amendment 19
Motion for a resolution
Recital J
| Motion for a resolution | Amendment |
|---|---|
| J. whereas in an increasingly complex regulatory environment, the application of the Charter should be proactively aligned with evolving EU priorities, including environmental and climate-related priorities; | J. whereas in an increasingly complex regulatory environment, the application of the Charter should be proactively aligned with evolving EU priorities, including environmental, climate-related and digital priorities ; |
Or. en
Amendment 20
Motion for a resolution
Recital K
| Motion for a resolution | Amendment |
|---|---|
| K. whereas equality is a founding value of the Union and a fundamental right enshrined in the Charter, the TEU and the TFEU; whereas discriminatory measures persist across the EU; | K. whereas equality is a founding value of the Union and a fundamental right enshrined in the Charter, the TEU and the TFEU; whereas discriminatory measures persist across the EU and this situation should be addressed; |
Or. en
Amendment 21
Motion for a resolution
Recital N
| Motion for a resolution | Amendment |
|---|---|
| N. whereas Article 14 of the Charter emphasises the right of every child to a free education; | N. whereas Article 14 of the Charter emphasises the right of every child to a free education; whereas segregation, discrimination and poverty pose significant barriers for marginalised children, in particular Roma children, to access quality education; |
Or. en
Amendment 22
Motion for a resolution
Recital O
| Motion for a resolution | Amendment |
|---|---|
| O. whereas persistent legal gaps and barriers to legal gender recognition, and the existence of conversion practices are incompatible with the Charter; whereas all Member States must, in line with the European Convention on Human Rights, guarantee legal recognition of gender identity and protection from practices that undermine the dignity or fundamental rights of LGBTQIA+ persons; | O. whereas persistent legal gaps and barriers to legal gender recognition, and the existence of conversion practices are incompatible with the Charter; whereas all Member States must, in line with the European Convention on Human Rights, guarantee legal recognition of gender identity and protection from practices that undermine the dignity or fundamental rights of LGBTQIA+ persons and refrain from restricting such rights; |
Or. en
Amendment 23
Motion for a resolution
Recital P
| Motion for a resolution | Amendment |
|---|---|
| P. whereas hate crime and hate speech violate fundamental rights and remain insufficiently addressed in Union law; whereas extending the list of EU crimes under Article 83(1) TFEU to cover hate speech and hate crime is paramount, along with an EU legislative act to address these threats, including on grounds of gender identity and sexual orientation; | P. whereas hate crime and hate speech violate fundamental rights and remain insufficiently addressed in Union law; whereas extending the list of EU crimes under Article 83(1) TFEU to cover hate speech and hate crime is paramount, along with an EU legislative act to address these threats, including on grounds of gender identity, gender expression, sexual orientation and sex characteristics; |
Or. en
Amendment 24
Motion for a resolution
Recital Z
| Motion for a resolution | Amendment |
|---|---|
| Z. whereas the Fundamental Rights Agency (FRA) has formulated conclusions in accordance with its mandate for the effective implementation of the Charter5 ,6 ,7 ; | Z. whereas the Fundamental Rights Agency (FRA) has formulated conclusions in accordance with its mandate for the effective implementation of the Charter5 ,6 ,7 ; whereas the role of the FRA is crucial in monitoring the situation of fundamental rights in the EU and Member States’ compliance with the Charter, as well as in supporting policymakers in making sure that fundamental rights are respected and promoted in current and future EU legislation and policy; whereas the FRA should be regularly consulted on draft legislative texts that raise potential issues related to the rights covered in the Charter, including proposals by the Commission or positions taken by the institutions in the course of legislative procedures, also so that it is able to provide, on its own initiative, input regarding ongoing discussions under Article 7 TEU; whereas the FRA’s role is instrumental, especially in times when democratic backsliding has been observed in several Member States; whereas there is a need to allocate enhanced human and financial resources to the FRA to ensure that it can fully and efficiently perform the duties it is entrusted with; |
| 5 FRA Opinion 1/2017, 10 April 2017. | 5 FRA Opinion 1/2017, 10 April 2017. |
| 6 FRA Opinion 4/2018, 24 September 2018. | 6 FRA Opinion 4/2018, 24 September 2018. |
| 7 FRA Focus, 11 June 2020. | 7 FRA Focus, 11 June 2020. |
Or. en
Amendment 25
Motion for a resolution
Recital Z a (new)
| Motion for a resolution | Amendment |
|---|---|
| Za. whereas there are differences in the level of knowledge on the Charter among the Member States; whereas a lack of fundamental rights expertise and limited knowledge about complaints mechanisms at the national level persist; whereas this has an impact on the interpretation and implementation of the Charter; |
Or. en
Amendment 26
Motion for a resolution
Recital Z b (new)
| Motion for a resolution | Amendment |
|---|---|
| Zb. whereas according to the joint report by the EIN and the DRI on the non-implementation of European Court judgments in EU countries, Member States’ records of compliance with CJEU and ECtHR rulings reveal common issues of concern, including issues regarding judicial and prosecutorial independence and the implementation of rulings related to CSOs and various vulnerable groups, such as LGBTQIA+ people, asylum seekers and Roma communities1a; | |
| 1a https://www.einnetwork.org/blog-five/2024/9/20/justice-delayed-and-justice-denied-report-on-the-non-implementation-of-european-judgments-and-the-rule-of-law. |
Or. en
Amendment 27
Motion for a resolution
Paragraph 1
| Motion for a resolution | Amendment |
|---|---|
| 1. Reaffirms the Charter as a core, binding part of EU law with the same legal value as the Treaties; reaffirms the obligation to ensure that human dignity, freedom, equality and solidarity are consistently upheld and protected across the EU; stresses that this is a legal obligation that is also essential for preserving EU legitimacy and credibility; calls for the EU bodies and Member States to ensure respect for the Charter in accordance with CJEU judgments; recalls that individuals can take legal action for fundamental rights violations; | 1. Reaffirms the Charter as a core, binding part of EU law with the same legal value as the Treaties; reaffirms the obligation to ensure that EU values as enshrined in the Treaties and in the Charter are consistently upheld and protected across the EU; stresses that this is a legal obligation that is also essential for preserving EU legitimacy and credibility; calls for the EU bodies and Member States to ensure respect for the Charter in accordance with CJEU judgments; recalls that individuals can take legal action for fundamental rights violations; |
Or. en
Amendment 28
Motion for a resolution
Paragraph 2
| Motion for a resolution | Amendment |
|---|---|
| 2. Stresses that rapid technological, environmental, climatic and societal changes require a proactive approach to safeguarding fundamental rights; recognises that the Charter serves as a vital blueprint to ensure that crucial and emerging policy areas, such as environment, climate and artificial intelligence, respect fundamental rights, including human dignity, equality, the right to privacy, and non-discrimination; | 2. Stresses that rapid technological, environmental, climatic and societal changes require a proactive approach to safeguarding fundamental rights; recognises that the Charter serves as a vital blueprint to ensure that crucial and emerging policy areas, such as artificial intelligence, as well as policies related to combating climate change, respect fundamental rights, including human dignity, equality, the right to privacy, non-discrimination and the right to environmental protection; |
Or. en
Amendment 29
Motion for a resolution
Paragraph 3
| Motion for a resolution | Amendment |
|---|---|
| 3. Welcomes the Commission’s initiatives to promote the Charter and the mid-term review of the strategy to strengthen the application of the Charter of Fundamental Rights8; | 3. Welcomes the Commission’s initiatives to promote the Charter and the mid-term review of the strategy to strengthen the application of the Charter of Fundamental Rights8; calls, however, on the Commission to strengthen the annual reports on the application of the Charter by providing an overview of its application across the EU, giving examples of how it can be strengthened, including a comprehensive assessment of each Charter provision, as well as recommendations to the Member States; |
| 8 Commission communication of 2 December 2020 entitled ‘Strategy to strengthen the application of the Charter of Fundamental Rights in the EU’ (COM(2020)0711). | 8 Commission communication of 2 December 2020 entitled ‘Strategy to strengthen the application of the Charter of Fundamental Rights in the EU’ (COM(2020)0711). |
Or. en
Amendment 30
Motion for a resolution
Paragraph 4
| Motion for a resolution | Amendment |
|---|---|
| 4. Recalls that the EU and its Member States are required to act consistent with the Charter, guarantee fundamental rights to all individuals, ensure their promotion across the EU, and address existing legislative gaps; stresses the importance of ensuring that all EU policies comply with the Charter; | 4. Recalls that the EU and its Member States are required to act consistent with the Charter, guarantee fundamental rights to all individuals, ensure their promotion across the EU and globally, and address existing legislative gaps; stresses the importance of ensuring that all EU policies, including EU external policy, comply with the Charter; |
Or. en
Amendment 31
Motion for a resolution
Paragraph 5
| Motion for a resolution | Amendment |
|---|---|
| 5. Highlights the fact that the full implementation of the Charter requires the effective safeguarding of victims’ rights; welcomes the revision of the Victims’ Rights Directive9 to introduce provisions guaranteeing victims’ rights to review decisions in criminal proceedings, access to fair compensation, and comprehensive support services; | 5. Highlights the fact that the full implementation of the Charter requires the effective safeguarding of victims’ rights; welcomes the revision of the Victims’ Rights Directive9 to introduce provisions guaranteeing victims’ rights to review decisions in criminal proceedings, access to fair compensation, and comprehensive support services; calls for a swift conclusion to the negotiations and for an ambitious outcome with enhanced protection of victims’ rights; |
| 9 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57, ELI: http://data.europa.eu/eli/dir/2012/29/oj). | 9 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57, ELI: http://data.europa.eu/eli/dir/2012/29/oj). |
Or. en
Amendment 32
Motion for a resolution
Paragraph 6
| Motion for a resolution | Amendment |
|---|---|
| 6. Recalls the need to strengthen access to justice for victims of gender-based and domestic violence, and bring legislation in line with international obligations such as legal definitions of rape based on the lack of consent as set forth by the Istanbul Convention, female genital mutilation, and online gender-based violence; | 6. Recalls the need to strengthen access to justice for victims of gender-based and domestic violence, and bring legislation in line with international obligations such as legal definitions of rape based on the lack of consent as set forth by the Istanbul Convention, female genital mutilation, and online gender-based violence; reiterates its call on the Commission to recognise gender-based violence as a new EU crime under Article 83(1) TFEU in order to combat all forms of gender-based violence; |
Or. en
Amendment 33
Motion for a resolution
Paragraph 7
| Motion for a resolution | Amendment |
|---|---|
| 7. Stresses equality and non-discrimination as fundamental rights enshrined in the Charter, which prohibits discrimination on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or other opinions, membership of a national minority, property, birth, disability, age or sexual orientation, as well as the respect for cultural, religious and linguistic diversity; expresses deep concern over discriminatory measures across Europe against vulnerable groups, including LGBTQIA+ persons; calls on Member States to fully respect their obligations; urges the Commission to initiate infringement procedures in cases of breach of the Charter; underlines persistent legal gaps and weak enforcement mechanisms; calls on the Council to reach an agreement on the horizontal anti-discrimination directive without delay; | 7. Stresses equality and non-discrimination as fundamental rights enshrined in the Charter, which prohibits discrimination on grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or other opinions, membership of a national minority, property, birth, disability, age or sexual orientation, as well as the respect for cultural, religious and linguistic diversity; expresses deep concern over discriminatory measures across Europe against vulnerable groups, including LGBTQIA+ persons; calls on Member States to fully respect their obligations; urges the Commission to initiate infringement procedures in cases of breach of the Charter and to systematically resort to bringing expedited procedures and applications for interim measures before the CJEU in infringement cases; underlines persistent legal gaps and weak enforcement mechanisms; calls on the Council to reach an agreement on the horizontal anti-discrimination directive without delay; |
Or. en
Amendment 34
Motion for a resolution
Paragraph 8
| Motion for a resolution | Amendment |
|---|---|
| 8. Welcomes the new LGBTIQ+ equality strategy 2026-2030 (COM(2025)0725) and calls on Member States to renew or adopt new national LGBTIQ+ action plans or strategies to complement EU initiatives with effective national measures; | 8. Welcomes the new LGBTIQ+ equality strategy 2026-2030 (COM(2025)0725) and calls on Member States to renew or adopt new national LGBTIQ+ action plans or strategies to complement EU initiatives with effective national measures and to refrain from putting forward initiatives that risk undermining or that directly undermine the rights of LGBTIQ+ people; |
Or. en
Amendment 35
Motion for a resolution
Paragraph 9
| Motion for a resolution | Amendment |
|---|---|
| 9. Highlights the fact that legal barriers to the full recognition of same-sex partnerships and parenthood persist across the EU and violate the Charter, including provisions on the free movement of persons and the rights of the child, and respect for family life; welcomes the Commission’s proposal for a Council regulation on the recognition of parenthood between Member States; recalls the European Parliament’s mandate10 supporting the recognition of parenthood across the EU, irrespective of how a child is conceived or born or the type of family they have; calls on the Council to fully implement these recommendations and protect the fundamental rights of children, act in the best interests of the child, increase legal certainty, and fight discrimination; | 9. Highlights the fact that legal barriers to the full recognition of same-sex partnerships and parenthood persist across the EU and violate the Charter, including provisions on the free movement of persons and the rights of the child, and respect for family life; welcomes the Commission’s proposal for a Council regulation on the recognition of parenthood between Member States; recalls the European Parliament’s mandate10 supporting the recognition of parenthood across the EU, irrespective of how a child is conceived or born or the type of family they have; calls on the Council to fully implement these recommendations and protect the fundamental rights of children, act in the best interests of the child, increase legal certainty, and fight discrimination; reiterates its call on the Commission to take a joint approach to the recognition of same-sex partnerships, in line with CJEU case-law; |
| 10 European Parliament position of 14 December 2023 on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (OJ C, C/2024/4201, 2.8.2024, ELI: http://data.europa.eu/eli/C/2024/4201/oj). | 10 European Parliament position of 14 December 2023 on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood (OJ C, C/2024/4201, 2.8.2024, ELI: http://data.europa.eu/eli/C/2024/4201/oj). |
Or. en
Amendment 36
Motion for a resolution
Paragraph 10
| Motion for a resolution | Amendment |
|---|---|
| 10. Underlines that the absence of legal gender recognition procedures violates fundamental rights; urges all Member States to guarantee legal recognition of gender identity in official documents and the right to self-determination, ensure mutual recognition of gender identity, and protect personal data11; condemns conversion practices as violations of fundamental rights; urges the Commission to tackle them with concrete actions, effective sanctions and awareness-raising campaigns, also considering the European Citizens’ Initiative entitled ‘Ban on conversion practices in the European Union’; | 10. Underlines that the absence of legal gender recognition procedures violates fundamental rights; urges all Member States to guarantee legal recognition of gender identity in official documents and the right to self-determination, ensure mutual recognition of gender identity, and protect personal data11; condemns conversion practices as violations of fundamental rights; urges the Commission to tackle them with concrete actions, including legislative actions where needed, effective sanctions and awareness-raising campaigns, also considering the European Citizens’ Initiative entitled ‘Ban on conversion practices in the European Union’; |
| 11 Judgment of the General Court of 13 March 2025, C-247/23, ECLI:EU:C:2025:172; Judgment of the General Court of 9 January 2025, C-394/23, ECLI:EU:C:2025:2; Judgment of the General Court of 4 October 2024, C-4/23, ECLI:EU:C:2024:845. | 11 Judgment of the General Court of 13 March 2025, C-247/23, ECLI:EU:C:2025:172; Judgment of the General Court of 9 January 2025, C-394/23, ECLI:EU:C:2025:2; Judgment of the General Court of 4 October 2024, C-4/23, ECLI:EU:C:2024:845. |
Or. en
Amendment 37
Motion for a resolution
Paragraph 11
| Motion for a resolution | Amendment |
|---|---|
| 11. Notes that both the Commission and the FRA reported an alarming increase in hate crimes and hate speech; strongly deplores the spread of hate crime and hate speech; underlines that it poses a serious threat to the respect for fundamental rights; highlights the lack of comprehensive EU legislation addressing it; urges Member States to adopt a decision to include hate speech and hate crimes among the criminal offences listed under Article 83(1) TFEU; urges the Commission to explore further options within the existing areas of crime to propose legislation aimed at combating hate speech and hate crimes, including on the grounds of gender identity and sexual orientation; | 11. Notes that both the Commission and the FRA reported an alarming increase in hate crimes and hate speech; strongly deplores the spread of hate crime and hate speech, including online and when spread by public authorities; underlines that it poses a serious threat to the respect for fundamental rights; highlights the lack of comprehensive EU legislation addressing it; urges Member States to adopt a decision to include hate speech and hate crimes among the criminal offences listed under Article 83(1) TFEU; urges the Commission to explore further options within the existing areas of crime to propose legislation aimed at combating hate speech and hate crimes, including on the grounds of gender identity, gender expression, sexual orientation and sex characteristics; |
Or. en
Amendment 38
Motion for a resolution
Paragraph 11 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 11a. Recalls that the EU has a mandate and responsibility to combat discrimination, as enshrined in the Treaties and the Charter, and to promote equal treatment for everyone; is concerned that discrimination is on the rise across the EU; highlights the need to combat the concerning surge in antisemitism, as well as in islamophobia, anti-gypsyism and other persistent forms of discrimination in the EU; calls on the Commission and the Member States to take action against this surge; |
Or. en
Amendment 39
Motion for a resolution
Paragraph 12
| Motion for a resolution | Amendment |
|---|---|
| 12. Calls for effective safeguards for safe online space, and to combat hatred, discrimination and disinformation; underlines that they undermine human dignity, security and democratic participation; calls for concrete EU action against the spread of online illegal content; calls for the full implementation of EU policies to safeguard individuals’ rights; | 12. Calls for effective safeguards to ensure a safe online space, and to combat hatred, discrimination and disinformation; underlines that they undermine human dignity, security and democratic participation and recalls that women and vulnerable groups are the most recurrent targets; calls for concrete EU action against the spread of online illegal content; calls, further, on the Member States to ensure the full and correct implementation of EU policies such as the Digital Services Act, the Artificial Intelligence Act and the European Media Freedom Act to safeguard individuals’ rights; |
Or. en
Amendment 40
Motion for a resolution
Paragraph 12 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 12a. Is deeply concerned about the lack of systematic fundamental rights impact assessments preceding the Commission’s adoption of legislative proposals; urges the Commission to comply with its obligations and to conduct thorough fundamental rights impact assessments before presenting a legislative proposal, as well as before concluding international agreements, with the involvement of the FRA as an independent body ensuring external ex ante fundamental rights reviews; |
Or. en
Amendment 41
Motion for a resolution
Paragraph 13
| Motion for a resolution | Amendment |
|---|---|
| 13. Calls on the Commission to ensure that the Charter, the right to asylum and the uniform application of the standards provided for by EU law are fully respected in the area of the Common European Asylum System; recalls the importance of carrying out systematic fundamental rights impact assessments; condemns any violations of fundamental rights, unjustified restrictions on individual rights and freedoms, including inhuman or degrading treatments; | 13. Calls on the Commission to ensure that the Charter, the right to asylum and the uniform application of the standards provided for by EU law are fully respected in the area of the Common European Asylum System; recalls the importance of carrying out systematic fundamental rights impact assessments also in the area of home affairs; condemns any violations of fundamental rights, unjustified restrictions on individual rights and freedoms, including inhuman or degrading treatments; |
Or. en
Amendment 42
Motion for a resolution
Paragraph 13 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 13a. Is concerned about the increasing evidence that EU home affairs funds aimed at supporting border management, including in non-EU countries, risk contributing to fundamental rights violations; underlines that according to the Common Provisions Regulation (CPR), Member States and the Commission must ensure respect for fundamental rights and compliance with the Charter in the implementation of EU-funded programmes; stresses that increased transparency and accountability and effective oversight in the allocation and use of EU funds and the assessment of the relevant programmes are key for ensuring compliance with the horizontal enabling conditions; |
Or. en
Amendment 43
Motion for a resolution
Paragraph 13 b (new)
| Motion for a resolution | Amendment |
|---|---|
| 13b. Expresses concern about the low level of understanding and serious misinterpretation of fundamental rights requirements and the application of the Charter in the implementation of EU-funded programmes; warns that this situation risks exacerbating the use of EU funds in violation of fundamental rights and calls strongly for enhanced awareness-raising and for the necessary measures to be put in place to address this situation; |
Or. en
Amendment 44
Motion for a resolution
Paragraph 13 c (new)
| Motion for a resolution | Amendment |
|---|---|
| 13c. Acknowledges the crucial role of the horizontal enabling conditions in the CPR in ensuring the systematic application of the Charter; stresses that the horizontal enabling condition on the Charter in the next multiannual financial framework (MFF) must apply during the design, implementation, monitoring and evaluation phases of EU-funded programmes and projects; underlines the need to strengthen monitoring and evaluation mechanisms to enhance the practical enforcement of these conditions, ensuring enhanced transparency and stakeholder participation; |
Or. en
Amendment 45
Motion for a resolution
Paragraph 14
| Motion for a resolution | Amendment |
|---|---|
| 14. Stresses the importance of increasing EU fund allocations for the protection and promotion of the Charter in the context of the regulation laying down the new multiannual financial framework12 ; reiterates that full compliance with the Charter and the values enshrined in Article 2 TEU must be an essential prerequisite for accessing EU funds; calls for robust values-based safeguards across all EU programmes; calls for a closer link between recommendations made in rule of law reports and financial support; calls for the introduction of conditionality measures against Member States that fail to implement CJEU judgments, conditioning access to Union funds on compliance with binding decisions of the CJEU; emphasises the need for an independent and transparent monitoring system to ensure compliance; recalls the obligation to align with the Convention on the Rights of Persons with Disabilities; | 14. Calls for EU fund allocations for the protection, promotion and more consistent interpretation and application of the Charter to be increased, including to support strategic litigation, complaints and independent monitoring of EU-funded actions to ensure accountability, as well as to make sure that no EU funding is used for initiatives that risk undermining individuals’ fundamental rights, such as strategic lawsuits against public participation (SLAPPs) or the externalisation of asylum and migration policies, in the new multiannual financial framework12; reiterates that full compliance with the Charter and the values enshrined in Article 2 TEU must be an essential prerequisite for accessing and maintaining EU funds; welcomes the suggestions for the Charter’s horizontal conditions in the Commission’s proposal for a regulation establishing the European Fund for economic, social and territorial cohesion, agriculture and rural, fisheries and maritime, prosperity and security for the period 2028-2034 in the next MFF (COM(2025)0565); believes, however, that the horizontal conditions should cover all values enshrined in Article 2 TEU and calls for robust values-based safeguards across all EU programmes; calls, further, for a closer link between recommendations made in rule of law reports and financial support; calls for the introduction of conditionality measures against Member States that fail to implement CJEU judgments, conditioning access to Union funds on compliance with binding decisions of the CJEU; emphasises the need for an independent and transparent monitoring system to ensure compliance; recalls the obligation to align with the Convention on the Rights of Persons with Disabilities; |
| 12 Commission proposal of 16 July 2025 for a Council regulation laying down the multiannual financial framework for the years 2028 to 2034 (COM(2025)0571). | 12 Commission proposal of 16 July 2025 for a Council regulation laying down the multiannual financial framework for the years 2028 to 2034 (COM(2025)0571). |
Or. en
Amendment 46
Motion for a resolution
Paragraph 15 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 15a. Is concerned that the Charter remains underused in domestic proceedings before national courts; calls on the Member States to apply the Charter to its fullest potential and in accordance with the European Convention on Human Rights; calls, further, on the Commission to support Member States in making sure that the use of the Charter is enforced in domestic courts across the EU; |
Or. en
Amendment 47
Motion for a resolution
Paragraph 16
| Motion for a resolution | Amendment |
|---|---|
| 16. Urges the Member States to fully implement the Charter and stresses their obligation to promote the application of the Charter at national level; calls for targeted training modules on the Charter’s implementation for national administrations, judiciary and lawmakers; welcomes cross-border exchanges to foster mutual sharing and good practices; calls for awareness-raising campaigns aimed at enabling individuals to take full ownership of their rights; | 16. Urges the Member States to fully implement the Charter and stresses their obligation to promote the application of the Charter at national level; recalls that the Charter has to be applied with full respect for the European Charter for Human Rights, while also recognising the importance of the European Social Charter and the European Pillar of Social Rights; calls for targeted training modules on the Charter’s implementation for national administrations, judiciary and lawmakers; welcomes cross-border exchanges to foster mutual sharing and good practices; calls for awareness-raising campaigns aimed at enabling individuals to take full ownership of their rights; |
Or. en
Amendment 48
Motion for a resolution
Paragraph 17
| Motion for a resolution | Amendment |
|---|---|
| 17. Urges the Commission to safeguard the Charter and the Union’s legal order through the full use of infringement procedures; calls on the Commission to ensure consistent and effective protection of fundamental rights and Union values by introducing a rules-based and systematic enforcement model to tackle breaches of the Charter, the Treaties and Union law; | 17. Urges the Commission to safeguard the Charter and the Union’s legal order, in particular by closely and accurately monitoring the state of compliance with CJEU and ECtHR rulings that are connected to fundamental rights issues, in order to assess the impact of non-compliance and take action; urges, further, the Commission to make full use of all available enforcement tools, including infringement procedures and financial pressure, to address Member States’ failures to implement CJEU judgments, leveraging related ECtHR judgments as additional evidence; calls on the Commission to ensure consistent and effective protection of fundamental rights and other Union values enshrined in Article 2 TEU by introducing a rules-based and systematic enforcement model to tackle breaches of the Charter, the Treaties and Union law; |
Or. en
Amendment 49
Motion for a resolution
Paragraph 18
| Motion for a resolution | Amendment |
|---|---|
| 18. Underlines the importance of the CJEU in ensuring the correct respect for the Charter; recalls that the uniform and timely implementation of CJEU judgments constitutes a binding obligation for Member States; calls on the Commission to intensify the monitoring of the implementation of CJEU judgments through the use of more transparent tools, to make full use of infringement proceedings, and to request the application of interim measures when necessary; | 18. Underlines the importance of the CJEU in ensuring the correct respect for the Charter; recalls that the uniform and timely implementation of CJEU judgments constitutes a binding obligation for Member States; underlines that more comprehensive and targeted collection of data on Member States’ compliance with CJEU and ECtHR rulings will enable a more informed discussion on the extent of non-compliance; calls on the Commission to ensure enhanced data collection, as well as systemic and in-depth monitoring and follow-up of the implementation of CJEU and ECtHR judgments, especially in cases of judgments other than those resulting from infringement procedures, and to make full use of infringement proceedings, including through the use of more transparent tools, as well as to request the application of expedited procedures and interim measures when necessary; |
Or. en
Amendment 50
Motion for a resolution
Paragraph 18 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 18a. Calls on the Commission to ensure that EU funding is also used to fund initiatives to enhance the implementation of ECtHR and CJEU judgments, particularly initiatives led by CSOs, given their supportive role in promoting the implementation of these judgments; |
Or. en
Amendment 51
Motion for a resolution
Paragraph 20
| Motion for a resolution | Amendment |
|---|---|
| 20. Highlights the essential role of equality bodies in ensuring and assessing the implementation of the Charter in the Member States; calls on the Member States to ensure equality bodies’ independence, powers and resources in accordance with the recently adopted directives on standards for equality bodies13; | 20. Highlights the essential role of national human rights institutions (NHRIs), equality bodies and ombudsman institutions in ensuring and assessing the implementation of the Charter in the Member States, including the Charter’s horizontal enabling conditions under the CPR, as well as in promoting a more consistent interpretation of the Charter; calls on the Member States to ensure equality bodies’ independence, powers and resources in accordance with the recently adopted directives on standards for equality bodies13; calls on the Commission and the Member States to ensure adequate funding for equality bodies, NHRIs and ombudsman institutions and to be involved in ensuring that EU funds are designed, managed and monitored in a way that respects and promotes fundamental rights; |
| 13 Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC (OJ L, 2024/1499, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1499/oj) and Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU (OJ L, 2024/1500, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1500/oj). | 13 Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC (OJ L, 2024/1499, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1499/oj) and Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU (OJ L, 2024/1500, 29.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1500/oj). |
Or. en
Amendment 52
Motion for a resolution
Paragraph 20 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 20a. Recalls that the Charter’s application also extends to justice and home affairs (JHA) agencies, including Frontex and Europol; calls on JHA agencies to fully comply with the Charter, not only through their general policies, but also in their daily activities; calls on the Commission to closely monitor EU agencies’ compliance with the Charter and to include its findings in evaluations of the agencies, including in the methodology used to conduct assessments; |
Or. en
Amendment 53
Motion for a resolution
Paragraph 21
| Motion for a resolution | Amendment |
|---|---|
| 21. Stresses that civil society organisations and human rights defenders are essential in the promotion and protection of the Charter; calls for the consistent and adequate funding of civil society by the EU; condemns any legal restrictions or attacks, and the excessive use of force in certain Member States, which undermine freedom of association, assembly and expression; | 21. Stresses that civil society organisations and human rights defenders are essential in the promotion and protection of the Charter; calls for the consistent and adequate funding of civil society by the EU and for the creation of an EU emergency fund to protect human rights organisations and defenders under pressure and facing budget cuts; condemns any legal restrictions or attacks, such as the criminalisation of humanitarian assistance, the use of SLAPPs or spyware technologies, and the excessive use of force by law enforcement in certain Member States, which undermine freedom of association, assembly and expression; |
Or. en
Amendment 54
Motion for a resolution
Paragraph 21 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 21a. Recalls that, according to Article 11(2) TEU, Union institutions must maintain an open, transparent and structured dialogue with CSOs and representative associations; stresses in particular, in this regard, that access to structural funding is a prerequisite to ensuring public participation; recalls the commitment of the Commission in its political guidelines to step up its engagement with CSOs that have expertise and an important role to play in defending specific societal issues and upholding fundamental rights; recalls, therefore, that it remains fundamental that CSOs, through EU funding, can engage in activities such as advocacy activities, demonstrations, civic space promotion and protection, investigative journalism or judicial actions, and that these activities should remain eligible in the relevant funding programmes and have sufficient dedicated funding made available; |
Or. en
Amendment 55
Motion for a resolution
Paragraph 22
| Motion for a resolution | Amendment |
|---|---|
| 22. Calls for greater engagement of EU and national bodies with civil society, national parliaments and other stakeholders to enhance transparency and inclusiveness in the application of the Charter; stresses that broad-based dialogue and participatory approaches are essential to identifying rights-related challenges and ensuring effective remedies; highlights that this multistakeholder involvement strengthens democratic legitimacy and accountability, reinforcing the EU’s identity as a Union built on shared values and respect for human rights; | 22. Calls for greater and systematic engagement of EU and national bodies with civil society, national parliaments and other stakeholders to enhance transparency and inclusiveness in the application of the Charter and ensure its full implementation and consistent interpretation; stresses that broad-based dialogue and participatory approaches are essential to identifying rights-related challenges and ensuring effective remedies; highlights that this multistakeholder involvement strengthens democratic legitimacy and accountability, reinforcing the EU’s identity as a Union built on shared values and respect for human rights; |
Or. en
Amendment 56
Motion for a resolution
Paragraph 22 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 22a. Regrets that the Commission has ignored calls to maintain and strengthen the Citizens, Equality, Rights and Values (CERV) programme as a standalone programme and with increased funding in the next MFF; recalls the importance that the CERV programme has had in protecting and promoting rights and values as enshrined in the Treaties, the Charter and in the applicable international human rights conventions, in particular by supporting CSOs active at local, regional, national and transnational level, and by encouraging civic and democratic participation, in order to sustain and further develop open, rights-based, democratic, equal and inclusive societies; considers that the new AgoraEU programme must provide safeguards reflecting at least the same level of ambition as the CERV programme; |
Or. en
Amendment 57
Motion for a resolution
Paragraph 23
| Motion for a resolution | Amendment |
|---|---|
| 23. Stresses the importance of the EU’s accession to the European Convention on Human Rights and recommends that the Commission swiftly request the legal opinion of the CJEU in order to finalise the accession process; stresses that this step is essential to align the EU’s legal framework with the highest standards of human rights protection; | 23. Stresses the importance of the EU’s accession to the European Convention on Human Rights and urges the Commission to swiftly request the legal opinion of the CJEU in order to finalise the accession process; stresses that this step is essential to align the EU’s legal framework with the highest standards of human rights protection; |
Or. en
Amendment 58
Motion for a resolution
Paragraph 23 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 23a. Reiterates the need to establish an EU mechanism on democracy, the rule of law and fundamental rights and to set up a scoreboard dedicated to monitoring the implementation of all CJEU and ECtHR judgments relating to democracy, the rule of law and fundamental rights; |
Or. en
Amendment 59
Motion for a resolution
Paragraph 25 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 25a. Reiterates its call for the inclusion of the right to abortion in the Charter; |
Or. en
Amendment 60
Motion for a resolution
Paragraph 27
| Motion for a resolution | Amendment |
|---|---|
| 27. Calls for the FRA to be established as an independent human rights authority, with greater operational independence to initiate actions to tackle violations of the Charter; | 27. Calls for the FRA to be established as an independent human rights authority, with greater operational independence to initiate actions to tackle violations of the Charter; requests that the FRA assist the Commission in developing a uniform approach to applying fundamental rights standards to EU funding, as well as specific criteria for receipt of funds and monitoring guidelines; |
Or. en
Amendment 61
Motion for a resolution
Paragraph 28 a (new)
| Motion for a resolution | Amendment |
|---|---|
| 28a. Underlines the need to provide for systematic forms of consultation of bodies and institutions with expertise on fundamental rights in general and on the Charter in particular; refers, in this respect, to the FRA and to the relevant bodies of the Council of Europe and of the United Nations; |
Or. en