This year, the annual report of the European Commission on the application of the Charter of Fundamental Rights in the European Union (EU) is dedicated to funding to promote, protect and enforce fundamental rights. In its submission to the report, ENNHRI reflects on the importance of such funding for NHRIs and recommends the European Commission to take further action in this regard. The

Funding to promote, protect and enforce fundamental rights

ENNHRI’s submission emphasises that funding for promoting and protecting fundamental rights and advancing the implementation of the EU Charter at the national level is still limited. Despite the support available and the European Commission’s increasing efforts in this sense, NHRIs are still affected by notable challenges. These include budget constraints and insufficient resources to cover their broad mandate.

ENNHRI recommends that the European Commission prioritise strategic investments for NHRIs. Such funding would enable these institutions to effectively engage in new mandates, which increasingly derive from EU policy and legislation, and to further contribute to their domestic implementation. Additionally, as the only network of NHRIs in Europe, ENNHRI’s operating grant under the EU’s Citizens, Equality, Rights and Values (CERV) programme should be awarded without a call for proposals. Such measures would improve the ability of ENNHRI and NHRIs to carry out their responsibilities in upholding fundamental rights and promoting EU values of fundamental rights, democracy and the rule of law.

So far, EU funding provided to ENNHRI, namely through the Justice programme and CERV programme, has been vital for the growth of ENNHRI’s network and its members. As an example, through the regranting programme launched in 2023, members have received small grants to implement activities on human rights topics relevant at national level (such as the protection of environmental defenders, just transition, sexual harassment, etc.) and share learning with peers in the network.

NHRIs’ role in monitoring the compliance of EU-funded programmes with fundamental rights

The 2021 Common Provision Regulation (CPR) on EU funds proposes a role for NHRIs in monitoring and contributing to the compliance of EU-funded programmes with fundamental rights. Currently, around half the NHRIs in the EU indicate they are engaging in this area. NHRIs are involved in different ways, mainly through raising awareness and training of state authorities about the EU Charter and the EU funding conditionality. An inspiring initiative is that of the NHRI from Poland, which developed a checklist of compliance in the implementation of EU funds and guidance on applying the Charter when spending EU funds, with practical tips for national authorities. NHRIs have also been participating in monitoring committees of EU funds, mostly in an advisory capacity, ensuring their independence in compliance with the Paris Principles.

ENNHRI has raised awareness with NHRIs about the potential of taking up roles in the context of the CPR and related challenges. In its submission to the Commission, ENNHRI highlights the need to clarify with state authorities appropriate and meaningful involvement of NHRIs in EU funding cycle. This is to enhance the effectiveness of the fundamental rights conditionality – not only reacting to or preventing fundamental rights violations, but also advancing fundamental rights. For example, this can be achieved through the development of EU-wide guidance for state authorities explaining and supporting such meaningful engagement.

Last but not least, when NHRIs are given additional roles under the CPR, states should be reminded of the need to additionally fund NHRIs for such roles and the relevant provisions of the CPR allowing for such funding. In future funding cycles, the provision of adequate resources to fundamental rights bodies involved in the monitoring of fundamental rights compliance of EU funds should be explicitly foreseen.

More information on the topic

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

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

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

Read the report from the EU Agency for Fundamental Rights on ensuring the compliance of EU spending with fundamental rights.

The article was updated on 18 October 2024 to reflect the release of the 2024 Charter Report.