FRA opinion 3
The EU could draw more consistently on NHRIs as crucial actors for the implementation of fundamental rights, including by ensuring independent and effective fundamental rights monitoring in the EU Member States. Such reliance on NHRIs should be supported through close and regular relationships with specific NHRIs and ENNHRI in particular. A qualified interaction could be reserved for Paris Principles-compliant NHRIs and ENNHRI. The capacity of NHRIs and ENNHRI to engage effectively must also be ensured by providing sufficient human and financial resources.
Any such involvement must be effected without compromising the independence and effectiveness of the NHRIs, as defined in the Paris Principles. NHRIs do not replace the duty of states to implement fundamental rights, but can provide independent advice and country-specific recommendations and can serve as an independent monitoring mechanism for the state delivery of their fundamental rights commitments.
FRA opinion 4
The EU institutions could establish a more regular exchange with NHRIs. For instance, this could be done in the Council of the European Union, in its working parties on fundamental rights or in other working parties.
A regular exchange of promising practices and challenges related to NHRIs could allow mutual learning on how to best enhance the effectiveness, independence and impact of the NHRIs to make best use of them in an EU context.
In addition, exchange could be had with the European Commission in contexts such as the monitoring of the EU Charter of Fundamental Rights and the rule of law.
FRA opinion 5
The EU should continue providing resources to NHRIs and ENNHRI to further support their effective contribution to the implementation of fundamental rights and the rule of law in Europe. The European Commission could consider more funding opportunities to help NHRIs develop expertise on the Charter’s application at national level. This could facilitate their role in assisting Member States apply the Charter, including in law and policy making and when using European structural and investment funds.
FRA opinion 6
To increase the available analysis and evidence base to check compliance with the Charter when transposing and implementing EU legislation, Member States should consider inviting NHRIs to contribute to relevant procedures. This could be in relation to, for example, compatibility checks and impact assessments.