Today, the International Commission of Jurists (ICJ), together with 18 civil society organizations, published a joint Litigation strategy for 2024-2029 to be implemented across the European Union (EU) over the next European Commission´s term. As the guardian of the treaties, the Commission must act decisively to uphold the protection of human rights in the EU through the EU Charter of Fundamental Rights.
Despite a strong framework, the implementation of the EU Charter faces significant challenges, including a lack of transparency and delayed action by the European Commission. As the new legislative term begins, a comprehensive strategy should include monitoring, litigation, and execution of judgments.
The undersigned organizations recommend to the European Commission:
- Monitoring: The EU Rule of Law reports and the Annual Report on the Application of the Charter are essential tools for tracking the state of fundamental rights. However, they need to be made more actionable when systemic violations are identified.
- Complaints: The procedure for reporting violations must be simplified and made more responsive. Current procedures often result in excessive delays and lack sufficient follow-up.
- Infringement Proceedings: A strategic approach is needed, prioritizing rights-based cases and launching systemic infringement actions when a pattern of violations is evident.
- Litigation Phase: The Court of Justice of the European Union (CJEU) must ensure the protection of rights during litigation by granting interim measures, facilitating the involvement of independent third parties in cases, and improving access to key documents and court hearings.
- Implementation of Judgments: The execution of CJEU judgments must be strengthened, with a dedicated monitoring unit and a process similar to the Council of Europe’s Rule 9 submission to ensure compliance.
- Funding for Litigation: A major obstacle to effective litigation is the lack of funding. Recent initiatives under the Citizens, Equality, Rights and Values (CERV) programme are promising but insufficient. The European Commission should explore additional funding models to support legal practitioners in ensuring the application of Charter rights.
Realising the full potential of the EU Charter of Fundamental Rights requires a concerted effort in the upcoming Commission term, including robust mechanisms and an unwavering commitment to the Charter of Fundamental Rights.
Read the full strategy here.