Protection of fundamental rights in the EU during the COVID-19 pandemic

Subject: Protection of fundamental rights in the EU during the COVID-19 pandemic

In order to address social change and developments in society, science and technology, the European Union has decided on a single text in which to combine citizens’ personal, civil, political, economic and social rights: the Charter of Fundamental Rights

The Charter comprises 54 articles guaranteeing the rights and freedoms of EU citizens, divided into six headings: dignity, freedoms, equality, solidarity, citizens' rights and justice.

In addition to protection in the area of justice, freedom and citizens’ rights, the Charter covers third- generation fundamental rights that go beyond the civil and social spheres and include data protection, guarantees in respect of bioethics and administrative transparency.

In its answer to written question E-004702/2021, the Commission stated that it is ‘determined to protect fundamental rights as enshrined in the Charter of Fundamental Rights of the EU, including respect for human dignity, equality and non-discrimination, insofar as situations are concerned that fall within the scope of EU law.’

Can the Commission state clearly how it will show its determination to protect the fundamental rights enshrined in the EU Charter of Fundamental Rights during the COVID-19 pandemic, particularly as regards potential violations of those rights by prohibiting people with rapid antigen test certificates from accessing activities and services?

Answer given by Mr Reynders on behalf of the European Commission

(22 March 2022)

Over the past years, several governments took emergency measures to address the health crisis caused by the outbreak of the coronavirus. The Commission has made clear that the response to this crisis must fully respect the fundamental rights and values as set out in the Treaties.

Emergency measures must be limited to what is necessary, strictly proportionate, clearly restricted in time, and in line with constitutionally enshrined safeguards, as well as European and international standards. Governments must ensure that such measures are subject to regular scrutiny.

The Commission has been monitoring the emergency measures taken in all Member States, and their impact, in particular on fundamental rights, and on EC law more broadly and will continue to monitor closely those measures, until all measures are lifted.

With specific regard to the impact of those measures on fundamental rights, the Commission recalls that according to its Article 51(1), the Charter of Fundamental Rights of the European Union applies to Member States only when they are implementing EC law.

The matters referred to by the Honourable Member fall exclusively within the competence of the Member States. In this case, it is for Member States to ensure that fundamental rights are effectively respected and protected in accordance with their national law and international human rights obligations.