25 Oct 2011

Implementation of the EU Charter of Fundamental Rights and its Impact on EU Home Affairs Agencies

Elspeth Guild / Sergio Carrera / Leonhard den Hertog / Joanna Parkin

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This study sets out to examine the impact and implementation of the EU Charter of Fundamental Rights with respect to three EU Home Affairs agencies: Frontex, Europol and EASO. It assesses the relevance of the EU Charter when evaluating the mandates, legal competences and practices of these agencies, particularly in the fields of external border control and the management of migration.
After identifying specific fundamental rights guaranteed in the EU Charter that are potentially put at risk by the actions of these three agencies, and judicial obstacles that prevent individuals from obtaining effective legal remedies in cases of alleged fundamental rights violations, we present a set of policy recommendations for the European and national parliaments.
This paper was commissioned by Policy Department C on Citizens’ Rights and Constitutional Affairs of the Directorate General for Internal Policies of the European Parliament.