Briefing N 22 Last Updated: September 2008

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Briefing n° 22 – Last updated: September 2008

In June 1999 the Cologne European Council had suggested examining the need for an Agency for human rights and democracy, an idea supported by the European Parliament. On 12 and 13 December 2003, the European Council decided to extend the remit of the Vienna-based European Monitoring Centre on Racism and Xenophobia, in order to convert it into a Fundamental Rights Agency.

On 1 March 2007 the Council Regulation No 168/2007 came into effect establishing officially the EU’sFundamental Rights Agency (FRA). This regulation (“FRA regulation”) clearly indicates the objective, the tasks and areas of activity of FRA, its working methods and the way cooperation with civil society is organised. It also specifies the organisation of FRA and how its budget is drawn up and implemented.

FRA became immediately operational in the field of racism and xenophobia as covered by the previous mandate of the EUMC. In the first months of 2008, the Council adopted FRA’s Multi-annual Framework and FRA’s governing structures weregradually set-up thus enabling finally FRA to be fully operational with regard to other areas of fundamental rights.

• Objective of FRA

The FRA regulation indicates that the objective of FRA is to provide the relevant institutions and authorities of the Community and itsMemberStates when implementing the Community law with assistance and expertise relating to fundamentalrights. FRA thus supportsEU institutions and Member States when they take measures or formulate courses of action within their respectivespheres of competence to fully respect fundamental rights (Article 2 of RegulationNo 168/2007).

• Geographical scope of the FRA’s activities

From a geographical point of view, FRA covers the EU and its 27 MemberStates. It is also open for participation of candidate countries as observers (Turkey, Croatia, the FYRoM), after a decision of the relevant Association Council, which will indicate in particular the nature, extent and manner of this countries' participation in the Agency's work, taking into account the specific status of each country. The Council may also invite also the Western Balkans countries (Albania, Serbia, Bosnia-Herzegovina, Montenegro), which have concluded a stabilisation and association agreement with the EC to participate in FRA’s work as observers. A decision of the relevant Association Councils shall follow.

• Tasks of FRA

FRA will be active in three categories of activities:

First of all, FRA is in charge of information and data collection and analysis and has in particular to:

collect, analyse and disseminate objective, reliable andcomparable information on the development of fundamentalrights in the EU;

develop methods and standards to improve the qualityand comparability of data at EU level;

carry out and encourage scientific research and surveys, preparatory studies and feasibility studies;

publish thematic reports and an annual report on its activities.

FRA also has to advice EU institutions and Member States and has in particular to:

either on its own initiative or at the request of the EP, the Council or the Commission: formulate and publish conclusions and opinions to the EU institutions and the Member States when implementing Community law;

upon request of EU institutions: give opinions on their legislative proposals or positions taken in the course of legislative procedures as far as their compatibility with fundamental rights are concerned;

publish an annual report on fundamental rights in the EU,and thematic reports based on its research and surveys,also highlighting examples of good practice regardingfundamental rights.

Finally FRA is also in charge of awareness-raising and co-operation with civil society and has to:

raise public awareness of fundamental rights;

promote dialogue with civil society; establish a networkthrough a Fundamental Rights Platform.

FRA is NOT empowered to:

examine complaints of individuals as regards violations of their fundamental rights;

have regulatory decision-making powers;

monitor the situation of fundamental rights in the EU countries for the purposes of Article 7 of the EU Treaty which foresees the possibility of action against an EU Member State in case of serious fundamental rights violation;

deal with the legality of Community acts and legal transposition by the MemberStatesor questioning whether a MemberState has failed to fulfil an obligation under the EC Treaty (Article 226 EC Treaty).

This shows very clearly the limited powers of FRA. FRA’s role is much closer to that of a “super” EU expert in fundamental rights than to that of anefficient watchdog for fundamental rights in the EU.

• Areas of activity of FRA

The regulation establishing FRA states clearly that the Agency shall deal with fundamental-rights issues in the EU and its Member States “when implementing Community law”. This indicates that the remit of FRA covers legislation based on the basis “first” pillar of the EU, the EC Treaty. This excludes from FRA’s mandate measures falling under the “third” pillar which are measures related to “police and judicial cooperation in criminal matters”. However, despite this limitation on the remit of FRA it might in some cases be difficult to judge on whether some issues fall within the “first” or the “third” pillar of the EU. It must also be added that Member States can voluntarily avail themselves of the expertise of FRA when implementing 3rd pillar legislation.

FRA will refer in its work tofundamental rights within the meaning of Article 6(2) of the EU Treaty, including the European Convention of Human Rights and Fundamental Freedoms and as reflected in the Charter of Fundamental Rights.

A Multi-Annual Frameworkdetermines FRA’s areas for activities the forthcoming 5 years. FRA’sMulti-Annual Framework (MAF)isto be adopted by the Council, upon Commission proposal, and after consultation with the EP (however no assent is required from the EP). The Commission has to consult the Management Board of the Agency before putting forward its proposal. In the FRA regulation it is clearly indicated that the MAF has to include the fight against racism, xenophobia and related intolerance. It shall also include gender equality. It is also indicated that this Framework has to take into account the orientations resulting from EP resolutions and Council conclusions in the field of fundamental rights (cf. the recent resolution of the EP on homophobic violence).

Before the adoption of its first MAF, the Agency focused on racism and xenophobia and implemented the activities foreseen under the Work Programme 2007.

On 28 February 2008, the Justice and Home Affairs Council decided on FRA’sfirstMulti-Annual Framework. This first MAF covers the first five years of FRA’s existence (2007-2012) and covers the following thematic areas:

• racism, xenophobia and related intolerance;
• discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation and against persons belonging to minorities and any combination of these grounds (multiple discrimination);
• compensation of victims;
• the rights of the child, including the protection of children;
• asylum, immigration and integration of migrants;
• visa and border control;
• participation of the EU citizens in the Union's democratic functioning;
• information society and, in particular, respect for private life and protection of personal data; and
• access to efficient and independent justice.

In general, social NGOs have been quite disappointed that social rights and the fight against poverty don’t figure among the thematic areas of the Agency’s first MAF. It remains now to be seen how this issues will be dealt within the different thematic areas.

Based on its first MAF, the Agency’s Management Board adopted in March FRA’s 2008work programme

• Cooperation with the Council of Europe

FRA has to coordinate its activities with those of the Council of Europe in order to avoid duplication, ensure they are complementary, and provide added value to the Council of Europe's work. This obligation of coordination concerns particularly the Annual Work Programme of FRA and itscooperation with civil society.To establish close cooperation between FRA and the Council of Europe, an agreement between the European Community and the Council of Europehas been concludedin June 2008. The agreement foresees exchange of information and date, regular consultations. The Council of Europe also appoints an independent person to the Management Board of FRA, who can also participate in meetings of the Executive Board of FRA.The agreement also foresees consultation on cooperation with civil society organisations. The Council of Europe has developed its own policy of cooperation with civil society and has established a consultative status for NGOs.

• Cooperation with other organisations at international leveland with EU MemberState

FRAalso has to co-operate with:

EU Member States, in particular through nominated National Liaison Officers, who are the main contact points for the FRA in the EU Member States. The National Liaison Officers can, amongst others, submit opinions on the draft Annual Work Programme of FRA to the Director prior to its submission to the Management Board. The Agency communicates to the National Liaison Officers all its reports and studies. The idea is to promote FRA’s work and findings among relevant government departments and bodies.

Other Community and Union agencies, such as the future European Institute for Gender Equality, in order to ensure mutual support and avoid duplication. This will be ensured notably through the signature of memorandums of understanding and the possibility to participate in each other's meetings.

The Organization for Security and Co-operation in Europe (OSCE) and the United Nations (UN).

The Office for Democratic Institutions and Human Rights (ODIHR) and the Office of the High Commissioner on National Minorities (HCNM) are two bodies of the OSCE with whom FRA has cooperated closely in the past. This cooperation has taken the form of common project work on the Roma, participation in each other's events and information sharing on activities.

FRA has developed relations with the UN, in particular the Office of the High Commissioner on Human Rights, the Committee on the Elimination of Racial Discrimination (CERD), and UNESCO. Cooperation involves information sharing and drawing on each other's expertise.

FRA comprises:

a Management Board, composed of one independent person appointed by each EU Member State, having high level responsibilities in an independent national human rights institutions with knowledge in fundamental rights and management experience from each Member State, one independent person appointed by the Council of Europe and two Commission representatives.

The Management Board has several key functions within the FRA:

-adoption of the Agency’s Annual Work Programme in accordance with the Multi-Annual Framework,

-consultation by the Commission on the proposed Multi-Annual Framework,

-nomination of the Director,

-adoption of the annual reports,

-adoption of the final budgets, and

-appointment of the Scientific Committee.

The members of FRA’s first Management Board have been appointed in June 2007 and the board had its first meeting in July 2007.

an Executive Boardwhich is composed of the Chairperson and Vice-Chairperson of the Management Board, two other members of the Management Board and one representative of the European Commission. The member appointed by the Council of Europe participates in meetings as well. The Executive Board is preparing the decisions of the Management Board and assisting and advising the Director.Decisions are adopted by simple majority.

The Management Board elected during its first meeting on 12 and 13 July 2007 the members of FRA’s Executive Board.

a Scientific Committee, composed of eleven highly qualified independent persons appointed by the Management Board for a not renewable term of 5 years. The Scientific Committee shall guarantee the scientific quality of the Agency’s work. It is involved in the early stages of the preparation of the majority of FRA's documents.

Following a call for applications and selection procedure, the FRA Management Board, at its meeting of 2-4 June 2008, appointed the members of the Agency’s Scientific Committee.

a Director, appointed by the Management Board for a period of 5 years and executing the Agency’s tasks and appointing its staff.

The Director of FRA has a key role to play in the FRA’s daily activities. S/he is also responsible for cooperation with civil society including coordination of the Fundamental Rights Platform. S/he is also in charge of executing the budget. In meetings of the Management Board the Director has no voting rights.

On 7 March 2008, the Management Board decided to appoint Morten Kjaerum from Denmark as FRA’s new Director.The Council of the European Union and the European Parliament had previously given an opinion that Morten Kjaerum best fulfilled the conditions for this post. Morten Kjaerum took up his post on 1 June 2008. His term of office is five years, which may be extended once for a period of not more than three years.

FRALEXwhich is the group of Fundamental Rights Agency Legal Experts. It is not a body of FRA and was established in July following a call for tender by FRA in order to identify highly qualified legal experts in the field of human rights in each of the Member States of the European Union. The aim is to develop the capacity for national level access to resources, data and information collection and legal analysis, which constitutes the essential background material for comparative work.Based on the outcome of the tender FRA concluded framework contracts with selected contractors who will provide the Agency with legal studies and reports based on robust, scientific analyses of objective, reliable and comparable legal, but also social, quantitative and qualitative, data and information.

For more detailed information on FRA’s internal procedures, read the provisional Rules of Procedures of FRA.

The revenue of FRA comprises a subsidy from the Community, entered in the general budget of the EU (Commission section). This revenue may be complemented by financial contributions from EU Member States, EU candidate countries and countries with which a Stabilisation and Association Agreement has been concluded.

The subsidy of the Community for FRA in 2008 amounts to 15.000.000 €.

FRA’s budget is adopted by its Management Board. It becomes final once the general budget of the EU has been adopted. The budget is implemented by the Director of FRA.

The provisions of the FRA regulation clearly indicate a link between the areas of activities of FRA and the limits of its available financial and human resources: the Agency shall carry out its tasks within the thematic areas determined by the Multi-Annual Framework and in the light of its Annual Work Programme and with due regard to the available financial and human resources. FRA shall also respond to the requests from the EP, the Council and the Commission outside these thematic areas provided its financial and human resources so permit.

For more information on FRA’s budget, see the statement of revenue and expenditure of FRA for the year 2008.

The Council Regulation establishing FRA recognizes the particular importance for the Agency of engaging with civil society in order to fulfil its main objective of providing assistance and expertise relating to fundamental rights.

The FRA regulation sets out that one of the key tasks for the Agency is to promote dialogue with civil societywith the aim of raising public awareness of fundamental rights and to disseminate actively information about the work of the Agency. A dedicated cooperation network, namely the Fundamental Rights Platform shall act as the main channel for cooperation with civil society.

• Composition andtasks of the Fundamental Rights Platform

According to the FRA regulation (Article 10), the Fundamental Rights Platform is composed of non-governmental organisations dealing with human rights, trade unions and employer's organisations, relevant social and professional organisations, churches, religious, philosophical and non-confessional organisations, universities and other qualified experts of European and international bodies and organisations. It shall be coordinated under the authority of the Director.

FRA shall call upon the Fundamental Rights Platform to:

-make suggestions to the FRA Management Board on the Annual Work Programme;

-give feedback and suggest follow-up to the FRA Management Board on the Annual Report provided;

-communicate outcomes and recommendations of conferences, seminars and meetings relevant to the work of FRA to the Director and the Scientific Committee.

The Fundamental Rights Platformwill be launched officially in October 2008. The exact composition of this Platform and its functioning has been subject of public consultation on FRA’s overall strategy as regards cooperation with civil society.

• FRA’s enhanced civil society strategy

Between April and December 2007FRA launched a public consultation on the Agency’s strategy as regards civil society cooperation. The aim of this consultation was to receive input for the preparation of an enhanced civil society strategy in general and for the setting up of the Fundamental Rights Platform in particular. The consultation was meant to help identifying tasks and tools which shall form the basis for this cooperation.