A/HRC/23/46
E.
1.
Legal, institutional and policy framework related to human rights
The Treaty on European Union
115. Art 2 of the Treaty on European Union (TEU) provides that the EU is founded on
the values of respect for human dignity, freedom, democracy, equality, the rule of law an d
respect for human rights, including the rights of persons belonging to minorities.
116. Art 6.1 TEU states that the EU recognises the rights, freedoms and principles set out
in the Charter of Fundamental Rights of the European Union of 7 December 2000, which
shall have the same legal value as the Treaties. Art 6.2 provides that the EU shall accede to
the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Art. 6.3 provides that fundamental rights, as guaranteed by the European Convention for
the Protection of Human Rights and Fundamental Freedoms and as they result from the
constitutional traditions common to the Member States, shall constitute general principles
of the Union’s law.
117. Art 21 TEU provides that the EU’s action on the international scene shall be guided
by the principles which have inspired its own creation, development and enlargement, and
which it seeks to advance in the wider world: democracy, the rule of law, the universality
and indivisibility of human rights and fundamental freedoms, respect for human dignity, the
principles of equality and solidarity, and respect for the principles of the United Nations
Charter and international law.
2.
The Charter of Fundamental Rights of the European Union
118. In June 1999, the Cologne European Council concluded that the fundamental rights
applicable at EU level should be consolidated in a charter to give them greater visibility.
The heads of state/government aspired to include in the charter the general principles set
out in the 1950 European Convention on Human Rights and those derived from the
constitutional traditions common to EU countries. In addition, the charter was to include the
fundamental rights that apply to EU citizens as well as the economic and social rig hts
contained in the Council of Europe Social Charter and the Community Charter of
Fundamental Social Rights of Workers. It would also reflect the principles derived from the
case law of the Court of Justice and the European Court of Human Rights.
119. The Charter was drawn up by a convention consisting of a representative from each
EU Member State and the European Commission, as well as members of the European
Parliament and national parliaments. It was formally proclaimed in Nice in December 2000
by the European Parliament, Council and Commission. In December 2009, with the entry
into force of the Lisbon Treaty, the Charter was given binding legal effect equal to the
Treaties. The Charter applies to the European institutions, as well as to EU Member States
when they implement EU law.
120. The Charter reaffirms the rights set out in the European Convention for the
Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the
EU and by the Council of Europe and the case-law of the Court of Justice of the European
Union and of the European Court of Human Rights.
121. The rights in the Charter are grouped in seven chapters: Dignity, freedoms
(including the right to asylum, and protection in the event of removal, expulsion or
extradition), equality, solidarity, citizens’ rights, justice, and general provisions.
3.
The European Union Agency for Fundamental Rights (FRA)
122. The European Union Agency for Fundamental Rights (FRA) was established in
2007 by Council Regulation (EC) No 168/2007, with the objective to provide the relevant
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