Justice and Home Affairs Ministers discussed fundamental rights

On June 10 Social Platform together with Amnesty International and other civil society organisations met with the Irish Permanent Representative to the EU, (COREPER) Ambassador Rory Montgomery for a briefing on the outcome of the Justice and Home Affairs (JHA) Council meeting on June 6-7.

The Ministers adopted council conclusions on several issues; among others the Council adopted conclusions on fundamental rights and rule of law and on the Commission 2012 Report on the Application of the Charter of Fundamental Rights of the EU. These conclusions take forward the debate on the possible need for, and shape of, a future initiative to better safeguard fundamental values of the Union.

  •     The conclusions set out some elements that could be considered in taking forward the debate on the possible need for, and shape of, a future initiative to better safeguard fundamental values of the Union in particular the rule of law and the fundamental rights of people in the Union. In this context the conclusions call on the Commission to take that debate forward in 2013 with all member states, EU institutions and all stakeholders.
  •     On the basis of the Commission's reflections the Council will give further consideration to the need for, and possible shape of methods or initiatives to better safeguard fundamental values, in particular the rule of law and fundamental rights of persons in the Union and to counter extreme forms of intolerance, such as racism, anti-Semitism, xenophobia and homophobia.

The assessment from civil society is that it is unlikely that the Commission will act considering the elections in 2014, it is important though that it stays on the agenda of the Council and is followed-up after the election of a new Commission.

The Council adopted its conclusions on the basis of the Commission's 2012 Report on the Application of the EU Charter of Fundamental Rights. On May 30 Mr Julien Desmedt from DG Justice presented the report for Social Platform members. He highlighted the points of how the Commission has improved its internal working methods and advanced on data protection, gender quotas on boards and procedural rights in the EU. Among others we raised the issue of the dynamics between the Commissions and the Parliaments report and the report by the EU Agency for Fundamental Rights. Mr Desmedt highlighted that it would indeed be good to follow the example of the Parliament's resolution from 2012 to achieve a fundamental rights policy cycle where the reports complement each other better.

Ministers were also briefed at the JHA Council meeting by the Presidency on the state of play on the EU's accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

  •     At the last negotiating session (3-5 April 2013) an agreement was reached. Once the Court of Justice of the European Union has had the opportunity to give an opinion on the agreement, the Commission will come forward with a proposal for a Council decision authorising the signature and possibly including the internal rules and the adaptations to EU law that need to be agreed on before the accession.
  •     Background: In June 2010 the Council adopted a negotiating mandate and negotiations have been ongoing since then. In accordance with Art. 218 of the TFEU the Council shall act unanimously, after obtaining the consent of the Parliament. The agreement will only enter into force after ratification by all member states. It will also need ratification by all Parliaments of the 47 member states of the Council of Europe.


See also Amnesty International European Institutions Office's related press release