Annexes to COM(2005)172 - Compliance with the Charter of Fundamental Rights in Commission legislative proposals - Methodology for systematic and rigorous monitoring - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2005)172 - Compliance with the Charter of Fundamental Rights in Commission legislative proposals - Methodology for systematic and ... |
|---|---|
| document | COM(2005)172  |
| date | April 27, 2005 |
VI. Monitoring respect for fundamental rights in the work of the legislature
27. The Commission’s responsibility as guardian of the Treaties and hence of fundamental rights does not end when it presents a proposal to the legislature.
28. The Commission, and especially the Group of Commissioners, will also monitor the work of the two branches of the legislative authority in order to determine compliance with fundamental rights, in particular in very sensitive cases involving such rights or where fundamental rights arguments are raised in the legislative process. The Commission will defend the standards for the protection of fundamental rights laid down in its proposals for legislation and will warn against any unjustified violation of them by the legislature.
29. As a last resort, the Commission will reserve the right, on the basis of a case-by-case political scrutiny, to initiate annulment proceedings in the event of an infringement of fundamental rights where it considers a breach has occurred but there is no possibility of interpreting the act adopted as being compatible with fundamental rights.
VII. Publicising internal monitoring of fundamental rights
30. Internal monitoring of respect for fundamental rights in the Commission’s own legislative proposals should form the subject of an appropriate communication targeted at European citizens.
31. The purpose of increasing publicity in this way will be threefold:
- the Commission will demonstrate its own efforts to secure compliance with fundamental rights, which will reinforce the credibility of its initiatives;
- the publicity will also promote the image of the Charter as an essential vehicle of a European civic identity based on common values;
- lastly, public awareness will encourage citizens and civil society to assert their fundamental rights in the consultations held by the Commission, which will in turn help fundamental rights to be taken more fully into account and better promoted in EU policies.
32. The public will be informed about this Commission programme at three levels:
- first, this communication will inform the other institutions and the public of the principles guiding the internal scrutiny of Commission proposals for compliance with fundamental rights;
- second, publicising the impact assessments and the section on fundamental rights in explanatory memorandums will allow the other institutions and the public to follow individual legislative initiatives being scrutinised under the Charter;
- lastly, whenever the Commission consults the parties concerned, civil society and the general public when preparing its initiatives, especially as regards the impact assessment, it will draw attention to the rights set out in the Charter and its own internal monitoring of respect for those rights by inviting the parties consulted to assert their fundamental rights. This is a crucial step in ensuring that impact assessments are complete and balanced and, more generally, in promoting a real “fundamental rights culture” within the European Union.
[1] SEC(2001) 380/3.
[2] The Charter was solemnly proclaimed by the Presidents of the European Parliament, the Council and the Commission on 7 December 2000 (OJ C 364, 18.12.2000, p. 1). It was incorporated with minor changes as Part II of the Treaty establishing a Constitution for Europe, signed on 29 October 2004 (OJ C 310, 16.12.2004, p. 1). Although it is not, therefore, legally binding, it contains the fundamental principles which have been held to be binding in case-law as general principles of Community law.
[3] The recital is worded as follows (SEC(2001) 380/3): “This [act] respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union”. In appropriate cases a second sentence may be added: “In particular, this [act] seeks to ensure full respect for [right XX] and/or to promote the application of [principle YY] / (Article XX and/or Article YY of the Charter of Fundamental Rights of the European Union).”
[4] See the Commission work programme for 2005 - COM(2005) 15 final.
[5] The Commission has already pointed out that impact assessment is only a tool to aid decision-making and is not a substitute for political judgment (see COM(2002) 276 final, 5.6.2002, p. 3). Similarly, it should be regarded as an essential aid to the legal analysis carried out by Commission departments, in particular at the interdepartmental consultation stage.
[6] Even legislative initiatives which are not included in the Commission’s legislative and work programme may, however, be included among the initiatives for which an impact assessment is required.
[7] Commission Communication on impact assessment - COM(2002) 276 final, 5.6.2002.
[8] SEC(2004) 1377.
[9] This checklist will expand on the list contained in Annex II to document SEC(2004) 1377.
[10] = Article II-112 of the Constitution.