Promotion and protection of fundamental rights: the role of national and European institutions, including the Fundamental Rights Agency

The European Parliament adopted a resolution based on the own-initiative report by Kinga GAL (EPP-ED, HU) on fundamental rights. (Please see the document dated 26/04/2005.) Parliament felt that there should be an institutionalised link between the Council of Europe and the future Agency on Fundamental Rights, both to avoid duplication and to give the Agency all necessary input and to ensure its effectiveness. The Agency must have a strong mandate and the power to follow the development of the implementation of the Charter of Fundamental Rights within the European Union and accession countries. Parliament stressed that the Agency should also be able to cover third countries when they are involved in human rights issues affecting the Union, for example in cases where there are suspected violations of the democracy clause. It also felt that the Agency will enjoy enhanced legitimacy if its management bodies are appointed by, and answerable to, the European Parliament and report to the competent parliamentary committees.

As part of its task to promote fundamental rights, the future Agency should provide proactive support to human rights policy-making in two ways: by identifying where legislative improvements would be most welcome and by monitoring the implementation and enforcement of existing legislation.