FRA report on compliance of EU Funds with fundamental rights

This report reflects on how to guarantee that the funds covered by the Common Provisions Regulations (CPR) 2021-2027 are used in a manner that promotes and respects fundamental rights and does not lead to or enhance any violations of such rights. To this end, it reviews the challenges as regards monitoring and implementation faced in the 2014-2020 and 2021-2027 programming periods, the application of the new conditions introduced in the 2021-2027 period and the (potential) role of the fundamental rights actors in supporting fundamental rights compliance (e.g. national human rights institutions, ombudsperson institutions and equality bodies, as well as the independent monitoring bodies under the CPR).

EU funds play a vital role in achieving economic and social progress, as well as other national and EU policy goals. Funds governed by the Common Provisions Regulations 2021-2027 (including ESF+ and ERDF) impact on many different aspects of fundamental rights. They have also been used to encourage fundamental rights-compliant policies at national level, for example by providing for enabling conditions on specific topics, such as the ones requiring Member States to have action plans in place to foster equality, inclusion and participation of Roma and persons with disabilities or against poverty. However, sometimes spending from these funds can raise fundamental rights concerns (e.g. whether the funds are used in ways that do not perpetuate the segregation of Roma communities, etc.).

Against this background and considering the fact that public spending has an impact on our societies, the following question arises: how can it be guaranteed that these funds are used in a manner that promotes and respects fundamental rights and does not lead to or enhance any violations of such rights?

To make progress in this sense, CPR 2021-2027 put increased emphasis on fundamental rights by strengthening relevant provisions, among them:

It establishes two enabling conditions that require the Commission and Member States to ensure respect for fundamental rights and compliance with the EU Charter of Fundamental Rights on the one hand and the United Nations Convention on the Rights of Persons with Disabilities on the other hand.The primary obligation to ensure that responsibility for fulfilling the enabling conditions throughout the whole programming period lies with the Member States. The Commission has an obligation to support the Member States and monitors whether these enabling conditions are duly being fulfilled.
While maintaining the previous cycle’s requirements to uphold gender equality, non-discrimination and accessibility for people with disabilities throughout the cycle, it requires the Member States to “ensure respect for fundamental rights and compliance with the Charter of Fundamental Rights of the European Union in the implementation of the Funds” (Article 8 (1) (c)).
It sets an enhanced “multi-level governance” approach to running the funds that requires partnerships with an expanded list of actors compared with the CPR 14–20. This list now includes fundamental rights actors, such as “relevant bodies representing civil society, such as environmental partners, non-governmental organisations, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non-discrimination”. It also indicates the relevance of the Code of Conduct on Partnership.

Against this background, the report aims to:

Map the existing challenges related to the implementation and monitoring of fundamental rights requirements for CPR 14–20 and CPR 21–27.
Review the effective participation of fundamental rights actors in the funding process (e.g. national human rights institutions (NHRIs), ombudsperson institutions and equality bodies, as well as the independent monitoring bodies under the CRPD) and identify what role these actors foresee for themselves and where they consider they could most effectively make an impact.
Look at the current and potential role of civil society organisations (CSOs) that work on issues related to fundamental rights.
Understand how the new conditions introduced in the 2021-2027 period can be upheld in practice.

This report is based on desk research, national roundtables, and stakeholder interviews in 12 Member States: Bulgaria, Croatia, Cyprus, Estonia, Finland, France, Germany, Greece, Latvia, Poland, Portugal and Slovakia.

Main findings and conclusions

The findings are under three themes:

Participation, including participation in early stages of the programming period, in monitoring committees and in evaluation mechanisms; aspects related to cooperation and coordination, and participation in independent fundamental rights bodies.
Capacity and resources, including of civil society and independent fundamental rights bodies to monitor, fundamental rights awareness and expertise of officials in administration, capacity of project implementers, tools and guidance for managing authorities and beneficiaries….
Monitoring and complaints mechanisms, including judicial remedies, complaints to the Commission and at national level, non-judicial remedies at EU and international level.

The report outlines where greater attention may be needed to ensure an increased compliance with fundamental rights and the full implementation of the enabling conditions on the Charter and the CRPD. It also highlights measures for Member States and the Commission to take to ensure that these requirements are met.

It also includes specific examples from Member States as well as information on existing tools and guidance. At EU level these include: Guidance on ensuring the respect for the Charter of Fundamental Rights of the European Union when implementing the European Structural and Investment Funds (‘ESI Funds’) (2016); Note on the use of EU Funds in tackling educational and spatial segregation 2021-2027 (2020); European Institute for Gender Equality (EIGE) online toolkit on gender budgeting in EU funds; EU Funds Checklist to Promote Independent Living and Deinstitutionalisation…

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