IP/03/618

Brussels, 5 May 2003

First report by a group of independent experts on the protection of fundamental rights in the Union

In its first report, which it has just sent to Mr AntÛnio Vitorino, the Commissioner with special responsibility for justice and home affairs, the network of independent experts on fundamental rights, set up by the Commission in 2002, examines the counter-terrorism measures taken by the EU Member States in the wake of the September 11 attacks. It advocates great vigilance to ensure that the measures adopted - even if their purpose is to prevent the violation of fundamental rights - do not encroach upon the protection of such rights, including the right to security.

The report criticises the often unsatisfactory conditions under which prisoners are held in the Member States' gaols. It stresses the need for foreign nationals in custody to be fully informed of their rights on arrival in the Member State concerned or prior to their expulsion.

The report also draws attention to the following:

• The laws of the Member States are developing in different ways in response to modern forms of slavery - domestic slavery, clandestine labour and prostitution.

• The Roma are victims of exclusion.

• There is a great danger that blacklists - an increasingly common practice - will result in social exclusion.

• A conflict has emerged between the right to data protection and access to documents (the report advocates that an appropriate balance be struck between the two).

Background

The network of independent experts on fundamental rights was set up by the Commission in October 2002 at the request of the European Parliament. Its task is to draw up an annual report on the situation of fundamental rights in the European Union.

The annual report analyses the situation of fundamental rights in the Union on the basis of the Charter of Fundamental Rights of the European Union, although it also covers areas outside the Union's remit.

It reviews the legislation, case law and practices of the national authorities in a national, Community and international context.

Recommendations to EU institutions

The report does not merely monitor the existing situation; it also makes recommendations for the future to the Community institutions. Its annual publication thus provides an opportunity for an exchange of best practice and information concerning the protection of fundamental rights in Europe.

While the report does not constitute the Commission's official view, it does provide it with a clear snapshot of the situation as regards the protection of fundamental rights in the Union.

It is an information resource which will be of use to the European Parliament in drawing up its own report on the state of fundamental rights in the Union.

The report will shortly be available in both English and French on the Commission website focusing on freedom, security and justice :

http://europa.eu.int/comm/justice_home/index_en.htm