The European Commission has published its annual report on the application of the Charter of Fundamental Rights of the European Union (Charter). This year’s edition was dedicated to funding to promote, protect and enforce fundamental rights. It acknowledges that funding in this area is still limited, also for National Human Rights Institutions (NHRIs). Earlier this year, ENNHRI contributed to this report and issued recommendations.

NHRIs’ access to funding to promote, protect and enforce fundamental rights

In this year’s report, the European Commission highlights the relevance of EU funding for the protection and promotion of fundamental rights. The budget of the Citizens, Equality, Rights and Values programme (CERV) – the only EU fund dedicated to this area – has more than doubled in the current programming period. As also reported in ENNHRI’s submission, EU funding in this area has become crucial for the growth of organisations promoting and protecting fundamental rights, such as ENNHRI and NHRIs.

In addition to CERV’s unique priorities, increased flexibility in using EU funds is crucial and can lead to innovative results. Referring to information provided by ENNHRI and NHRIs, the report states that ENNHRI’s regranting programme has enabled NHRIs to work on vital fundamental rights topics at the national level. ENNHRI welcomes the introduction of such initiatives that allow NHRIs to have greater accessibility to EU funding for strengthening their institutional capacity nationally.

Despite the positive developments, the report also acknowledges that funding in this area is still limited and does not fully meet the expectations of relevant stakeholders on the ground. ENNHRI calls for more strategic investments for NHRIs and their network that would allow them to effectively engage in new mandates and expectations deriving from EU policy and legislation. In addition, the formal recognition of ENNHRI by the European Commission as the only European network of NHRIs would increase ENNHRI’s ability to take full advantage of the potential funding under CERV, and consequently strengthen its role as a platform for collaboration, exchange, and solidarity in addressing human rights challenges and a common voice for NHRIs at the European level.

Acknowledgment of NHRIs’ role and challenges in monitoring fundamental rights compliance of EU-funded programmes

The Commission’s report emphasizes the role of NHRIs in monitoring the compliance of EU-funded programs with the Charter, as set out in the 2021 Common Provision Regulation (CPR). ENNHRI welcomes the Commission’s acknowledgment of the need to respect NHRI mandates in line with UN Paris Principles. The Commission closely echoes ENNHRI’s submission when it reflects on the challenges faced by NHRIs, particularly the lack of allocated resources for effective monitoring. ENNHRI recommends that in future funding cycles, adequate resources should be explicitly foreseen for fundamental rights bodies involved in the monitoring of fundamental rights compliance of EU funds. ENNHRI also underlines that it is not possible for NHRIs to take up a decision-making or voting position in the monitoring committees, an issue also reiterated by the Commission.

It is commendable that the Commission also took note of a clear call, coming from NHRIs and ENNHRI, for further guidance on implementing the Charter’s horizontal enabling condition, especially regarding its practical implications and technical expertise on EU funds. The Commission is preparing a manual to address these issues. ENNHRI assesses that such guidance should increase the expertise of fundamental rights bodies in this area and facilitate a meaningful engagement between state authorities and NHRIs in the context of the CPR.

The Commission’s report also acknowledges good practices in monitoring the compliance of EU-funded programmes with fundamental rights, as per information provided by ENNHRI and NHRIs. These include the Slovak NHRI thematic report as well as the guidance and the checklist developed by the Polish NHRI on this subject.

ENNHRI reaffirms its commitment to collaborating with the European Commission to address these challenges and enhance fundamental rights protection in EU funding cycles. ENNHRI also recommends the European Commission to consider its formal recognition as a de-facto monopoly in the successor of CERV under the next funding cycle, given that ENNHRI is the only European network of NHRIs, being formally part of the global NHRI governance and accreditation process. This would allow for the application of a lower co-financing rate and help ensure that ENNHRI can apply for an appropriate level of funds in to deliver more effectively in supporting, strengthening and connecting the work of NHRIs across Europe, including in partnership with the EU.

More information on the topic

Read the European Commission’s annual report on the application of the EU Charter for 2024.

Read ENNHRI’s submission to the European Commission’s 2024 report on applying the EU Charter.

Read the ENNHRI statement “Monitoring Fundamental Rights Compliance of EU Funds – Potential Role, Opportunities and Limits for NHRIs”.

Discover ENNHRI’s work on the EU Charter of Fundamental Rights.