On the implementation of the Charter of Fundamental Rights of the European Union in the EU legal framework

on the implementation of the Charter of Fundamental Rights of the European Union in the EU legal framework

(2025/2075(INI))

The European Parliament,

–having regard to the Charter of Fundamental Rights of the European Union (the Charter),

–having regard to Articles 2, 3, 6, 7, 9, 10, 11, 19, 21, 23 and 49 of the Treaty on European Union (TEU) and Articles 8, 9, 10, 11, 12, 15, 16, 18, 19, 20, 21, 22, 23, 24, 67(1), 258, 250, 263, 267 and 352 of the Treaty on the Functioning of the European Union (TFEU),

–having regard to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,

–having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), and to Parliament’s resolution of 12 September 2017 on the proposal for a Council decision on the conclusion, by the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence,

–having regard to its annual resolutions on the situation of fundamental rights in the EU,

–having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents,

–having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights,

–having regard to the Commission communication of 19 October 2010 entitled ‘Strategy for the effective implementation of the Charter of Fundamental Rights by the European Union’ (COM(2010)0573),

–having regard to the Commission staff working paper of 6 May 2011 entitled ‘Operational Guidance on taking account of Fundamental Rights in Commission Impact Assessments’ (SEC(2011)0567),

–having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy to the European Parliament and the Council of 12 December 2011 entitled ‘Human rights and democracy at the heart of EU external action – Towards a more effective approach’ (COM(2011)0886),

–having regard to the LGBTIQ+ equality strategy 2026-2030 (COM(2025)0725),

–having regard to the Commission’s annual reports on the application of the EU Charter of Fundamental Rights,

–having regard to the European Union Agency for Fundamental Rights’ annual fundamental rights reports,

–having regard to the Better Regulation Toolbox, in particular Tool #29 ‘Fundamental rights including the promotion of equality’,

–having regard to the studies entitled ‘The implementation of the Charter of Fundamental Rights in the EU institutional framework’, ‘The interpretation of Article 51 of the EU Charter of Fundamental Rights: the Dilemma of Stricter or Broader Application of the Charter to National Measures’ and ‘The European Social Charter in the context of implementation of the EU Charter of Fundamental Rights’ published by its Directorate-General for Internal Policies on 22 November 2016, 15 February 2016 and 12 January 2016 respectively,

–having regard to Rule 55 of its Rules of Procedure, as well as Article 1(1)(e) of, and Annex 3 to, the decision of the Conference of Presidents of 12 December 2002 on the procedure for granting authorisation to draw up own-initiative reports,

–having regard to the opinion of the Committee on Civil Liberties, Justice and Home Affairs,

–having regard to the report of the Committee on Constitutional Affairs (A10-0000/2025),

A.whereas the Treaty of Lisbon conferred the status of primary law on the Charter of Fundamental Rights of the European Union (the Charter) within the EU legal framework, giving it the same legal value as the Treaties;

B.whereas this report does not assess each individual right contained in the Charter but, rather, analyses the implementation of the Charter as an instrument of primary EU law;

C.whereas it is important to ensure respect for, and highlight the importance of, fundamental rights across the Union; whereas social and economic fundamental rights are a crucial part of the Charter and the Union’s legal structure;

D.whereas according to the Court of Justice of the European Union (CJEU), the fundamental rights recognised by the Charter are at the heart of the EU’s legal structure, and respect for them is a necessary precondition for the legality of any EU act;

E.whereas the Charter encompasses, in line with international human rights law and its Article 51, both negative (non-violation) and positive (active promotion) obligations, which should be equally fulfilled to give full effect to its provisions;

F.whereas Article 51 of the Charter defines the scope of the application of the Charter, including with regard to the principle of subsidiarity, taking account of the powers of the Member States and of the Union, and respecting the limits of the powers conferred on the Union in the Treaties;

G.whereas Article 51(2) of the Charter makes it clear that the Charter does not extend the scope of Union law beyond the powers of the Union or establish any new power or task for the Union, or modify powers or tasks defined in the Treaties;

H.whereas by virtue of Article 51, the Charter provisions apply to Member States only when they implement Union law; whereas the uncertain boundaries of such a requirement still make it hard to determine whether and how the Charter applies in practice;

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;

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;

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;

L.whereas the rights of the child, the respect for private and family life, and freedom of movement, are safeguarded by the Charter; whereas national legislative and administrative barriers to the recognition of same-sex partnerships and parenthood between Member States directly violate the Charter;

M.whereas Article 24 of the Charter sets out the rights of the child, requiring public authorities and private institutions to make the child’s best interest a primary consideration;

N.whereas Article 14 of the Charter emphasises the right of every child to a free education;

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;

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;

Q.whereas the potential of the social and economic rights set out in the Charter has not been adequately leveraged so far; whereas the respect for social rights is not only an ethical imperative and a legal obligation, but also an economic necessity;

R.whereas Article 6 TEU also emphasises that fundamental rights, as guaranteed by the European Convention on Human Rights, must constitute general principles of Union law;

S.whereas Article 151 TFEU refers to fundamental social rights such as those set out in the European Social Charter, and states that ‘the Union and the Member States shall implement measures which take account of the diverse forms of national practices’;

T.whereas little attention is being paid to the social rights set out in the Charter in the economic governance of the Union; whereas they must be considered fundamental rights;

U.whereas the commitment in the European Pillar of Social Rights to delivering new and more effective rights for citizens in the areas of equal opportunities and access to the labour market, fair working conditions and social protection and inclusion further enhances the rights enshrined in the Charter; whereas further alignment between implementation of the European Pillar of Social Rights and the Charter is required;

V.whereas the principle of gender equality is a core EU value, enshrined in the Treaties, the Charter and EU secondary legislation; whereas Article 8 TFEU establishes the principle of gender mainstreaming by stating that ‘In all its activities, the Union shall aim to eliminate inequalities, and to promote equality, between men and women’;

W.whereas the transparency of the EU legislative and decision-making processes is a corollary of the right to good administration, as set out in Article 41 of the Charter, and an essential precondition for citizens to be able to assess and properly monitor the implementation of the Charter by the EU institutions;

X.whereas the Charter serves as a vital tool to safeguard fundamental rights in new and emerging policy areas, such as artificial intelligence;

Y.whereas the promotion of the broad spectrum of rights provided for in the Charter – ranging from civil and political to social, economic and thirdgeneration rights – by the institutions, bodies, offices and agencies of the Union would constitute a crucial impetus to develop a European public sphere and to give tangible expression to the concept of EU citizenship and to the participatory dimension of the EU enshrined in the Treaties;

Z.whereas the Fundamental Rights Agency (FRA) has formulated conclusions in accordance with its mandate for the effective implementation of the Charter,,;

The Charter as a cornerstone of EU legislative and decision-making processes

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;

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;

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 Rights;

Consistency of EU policies 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 address existing legislative gaps; stresses the importance of ensuring that all EU policies comply with the Charter;

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 Directive to introduce provisions guaranteeing victims’ rights to review decisions in criminal proceedings, access to fair compensation, and comprehensive support services;

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;

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;

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;

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 mandate 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;

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 data; 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’;

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;

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;

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;

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 framework; 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;

15.Calls for the European Pillar of Social Rights to be supported; notes that the full implementation of the pillar in Europe and its 2025 action plan are essential for upholding the Charter; calls for the EU to accede to the Council of Europe’s European Social Charter;

Stronger implementation of the Charter

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;

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 rulesbased and systematic enforcement model to tackle breaches of the Charter, the Treaties and Union law;

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;

19.Recognises the key role of EU agencies and the European Ombudsman in promoting and protecting fundamental rights; welcomes the support of the FRA in implementing the Charter; calls for stronger and structured cooperation between EU bodies, Member States and the FRA;

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 bodies;

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;

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;

Towards a more robust Charter and the strengthening of fundamental rights in the EU

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;

24.Calls on the European Council to initiate the revision of the Treaties and expand the scope of application of the Charter by reviewing Article 51(1) TEU in order to guarantee universal and unconditional protection of fundamental rights in the EU framework;

25.Calls for the explicit inclusion of gender, gender identity, gender expression and sex characteristics in Article 21(1) of the Charter in order to comprehensively combat discrimination;

26.Calls for the inclusion in Article 37 of the Charter of the EU climate targets established by the European Climate Law;

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;

28.Calls for a review of the current EU system of legal remedies and procedures to strengthen access to justice and ensure effective judicial protection for every individual, in line with the principle of the rule of law and the right to effective legal protection; urges standing requirements before the CJEU to be extended to individuals, civil society organisations and human rights defenders, particularly in matters relating to fundamental rights;

29.Stresses the need to enhance training and awareness-raising efforts among EU bodies and Member States to align the application of the Charter with evolving EU policy priorities;

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30.Instructs its President to forward this resolution to the Council and the Commission.