Speech

Application of the EU Charter of Fundamental Rights: Funding to promote, protect and enforce fundamental rights

Speaker
Sirpa Rautio
The FRA Director, Sirpa Rautio, addressed the EU's Justice and Home Affairs Council on 7 March 2025 in Brussels. She delivered a speech on the application of the EU Charter of Fundamental Rights with a particular focus on funding to promote, protect and enforce fundamental rights.

Dear Minister Bodnar, dear Commissioner McGrath, dear Ministers.

I wish to commend the Polish Presidency on its choice of topic, and related Council Conclusions being adopted today. The application of the Charter to protect and enforce fundamental rights has never been so essential as it is now, in this volatile and turbulent geopolitical context. My intervention will focus on 3 points, which I believe can act as signposts for us all.

In the first instance, the Charter of Fundamental Rights must be used as a compass for upholding our shared values. Recent Eurobarometer surveys show that Europeans identify respect for democracy, human rights, and the rule of law as the main strength of the EU - followed only in second place by its economic, industrial and trading power.  89% of Europeans say it is important for them that all Member States respect the core values of the EU, including fundamental rights, the rule of law, and democracy.

By implementing the Charter, the EU fulfils the expectations of its citizens.

We see in practice the EU Charter becoming increasingly visible within the national justice systems. It can be a ‘catalyst for reforms’, for example, when national courts recognise the right to good administration, based on Charter provisions. It provides the basis for the ‘horizontal enabling condition’ in respect of EU funds, ensuring that EU money is used for programmes and projects that comply with the EU Charter and drive forward fundamental rights compliant reforms.

Despite progress, we cannot allow for complacency; constant efforts are needed to turn Charter rights into reality.

This brings me to my second point: the irreplaceable role played by fundamental rights structures, and our responsibility to make them strong, resilient, and equipped to face threats. Such threats could come in the form of malign manipulation of electoral processes or challenges to the rule of law and functioning of democratic institutions. In addition to public authorities themselves, three actors play important roles in this context: independent national courts, national human rights bodies and civil society organisations.

Independent national courts are essential to guaranteeing checks, balances and respect for fundamental rights. Article 47 of the Charter states that the access to an ‘independent’ tribunal is one of the requirements linked to the fundamental right to an effective remedy, and the Court of Justice has delivered important case law elaborating on this.

NHRIs must be provided with sustainable and adequate resources so that they can effectively fulfil their ever-increasing mandates, which now often also includes monitoring fundamental rights under EU law. The Agency’s data suggests that, all too often, they are assigned new tasks without sufficient consultation and resources, thereby undermining their functioning and crippling their impact.

Finally, FRA evidence shows that civil society organisations working on human rights are facing manifold obstacles – ranging from closed doors, to threats and attacks, to legal challenges and difficulties in access to resources.

More than ever those actors need strengthening, protection and support – not only to safeguard fundamental rights but also to contribute to human rights-compliant responses to external and internal threats to democracy.

Thirdly, FRA data consistently shows that there is not enough funding for the work that is necessary to protect and advance human rights, particularly in respect of civil society.  This has been exacerbated by the recent withdrawal of key donors from the EU. It is clear that, given the multiple demands on public budgets, the situation will not get easier.

Civil society’s contribution goes far beyond simple service provision; it includes advocating for human rights, providing legal aid, raising awareness, and contributing to critical debate and checks and balances for democracy. Access to resources is an integral part of the right to freedom of association, yet FRA research shows that various laws hamper the funding of human rights work across the EU, sometimes also in unintended ways: tax laws, foreign funding rules, anti-money-laundering laws. Charity law, for example, ‘often exclude fundamental/human rights’ as a charitable cause. Laws need to be supportive and not harmful to human rights work.

In conclusion, to defend our shared values, create resilient societies and protect democracy, we need real commitment, combined efforts, and a shared understanding of what we are facing. We must ensure that every ally has the tools, conditions, and funding needed to do their work.

The Agency, with its expertise and evidence, stands ready to work with you in these endeavours. We look forward to using the momentum of the 25th anniversary of the Charter to reinvigorate the championing of fundamental rights. 

See also