PLATAFORMA NACIONAL DE AFECTADOS POR LA LEY DE COSTAS —- ( PNALC)

Handling of Citizens’ Petitions & Complaints on Fundamental Rights

BACKGROUND
Since the Lisbon Treaty and the Charter of Fundamental Rights came into force almost two years ago,
the European Parliament and the Commission have dealt with many petitions and complaints regarding
the application of the Charter.
Citizens’ interest and expectations as regards the enforcement of the Charter are high. However, the
Charter does not apply in all circumstances in which a violation of fundamental rights in Member
States is alleged. There is a risk that citizens’ perception of the scope of application of the Charter turns
into disenchantment with the European Union itself. The institutions of the European Union have a
responsibility to address this situation.
It is therefore important that people who consider that their fundamental rights are being undermined
have access to practical information on the judicial and non-judicial remedies open to them at EU and
Member State level. They should be able to identify more clearly which institution or body is best
placed to assist them. The Commission’s 2010 Annual Report on the application of the EU Charter of
Fundamental Rights provides a ˆ rst assessment of the current situation1.
This seminar, organised jointly by the Commission and the European Parliament’s Committee on
Petitions, will explore how complaints on fundamental rights are handled at EU and Member State level;
it will identify best practices in this ˆ eld and look at ways to improve cooperation between responsible
authorities and institutions, at EU and the national level.
Viviane Reding, Vice-President of the European Commission and Erminia Mazzoni, Chairman of the
Committee on Petitions, will co-host this event and introduce the Seminar.
The seminar will bring together eminent legal experts who will examine the application of the Charter
in relation to speciˆ c problems raised in complaints and petitions submitted by citizens. Members of
the European Parliament and participants will be invited to explore possible judicial and non-judicial
avenues for responding to citizens concerns.

6 OCTOBER 2011
European Parliament (Brussels), Room: Paul Henri Spaak 3C50
Interpretation will be organised by the European Parliament for the following languages:
EN, DE, FR, ES, IT, RO, BG, EL, NL, HU, PL, DA, LT, LV
I. OPENING SESSION 09.00-09.30
Viviane Reding, Vice-President of the European Commission
Erminia Mazzoni, Chairman of the Committee on Petitions of the European Parliament
II. WHAT DOES THE CHARTER OF FUNDAMENTAL RIGHTS MEAN IN PRACTICE FOR EUROPEAN
CITIZENS? HOW TO COMMUNICATE TO CITIZENS ON WHEN THE CHARTER APPLIES?
09.30-11.00
Objective: The discussion should explore how to communicate on the Charter, when it applies and when it does not.
The discussion will help to identify problems of misunderstanding on the scope of application with reference
to concrete examples (45’ presentations, 45’ discussion)
Chair: Erminia Mazzoni, Chairman of the Committee on Petitions of the European Parliament
Speakers
• Monika Flašíková Benová, Member of the Committee on Civil Liberties, Justice and Home A” airs (LIBE) of the
European Parliament, Rapporteur for the European Parliament’s Annual Report on the situation of fundamental
rights in the European Union
• Professor Giuseppe Tesauro, former Advocate General of the European Court of Justice,
Member of the Italian Constitutional Court
• Professor Sjef van Erp, University of Maastricht
• Professor Elspeth Guild, Associate Senior Research Fellow of the Centre for European Policy Studies
• Professor Jean-Paul Jacqué, College of Europe
III. HANDLING OF COMPLAINTS ON FUNDAMENTAL RIGHTS : OVERVIEW OF THE PRACTICES IN
EU MEMBER STATES
11.00-12.30
Objective: Exchange information on the handling of complaints on fundamental rights in EU Member States. Identify best
practices, including on the follow-up given to complaints which are outside the scope of competence of the
authority concerned. This information should also enable to better assess how often “people knock on the wrong
door” when they are seeking redress for a violation of fundamental rights (45’ presentations, 45’ discussion).
Chair: Paul Nemitz, Director for Fundamental Rights and Union Citizenship, Directorate General Justice
of the European Commission
Speakers
• Dominique Baudis, Défenseur des Droits (France)
• Manuel Aguilar Belda, Deputy Defensor del Pueblo (Spain)
• Des Hogan, Deputy CEO of the Irish Human Rights Commission, Chair of the Legal Working Group
of the European Group of National Human Rights Institutions
• Tamás Kádár, Secretariat of the European Network of Equality Bodies
• Peter Reading, Director for Legal Policy, Equality and Human Rights Commission (UK)
• Serge Leonard, Legal Advisor to the Conseiller du Délégué général aux droits de l’enfant (BE) to be conˆ rmed
• Dr. Israel Butler, Fundamental Rights Agency
LUNCH – YEHUDI MENUHIN AREA – 1ST FLOOR PAUL HENRI SPAAK 12.30-14.00
IV. HANDLING OF COMPLAINTS ON FUNDAMENTAL RIGHTS : OVERVIEW OF THE PRACTICES AT
EUROPEAN LEVEL
14.00-15.30
Objective: Exchange information on the handling of complaints on fundamental rights by European institutions. Identify
best practices, including on the follow-up given to complaints which are outside the scope of competence
of the authority concerned. Identify practices of EU institutions and of the EuropeanƒCourtƒofƒHumanƒRights
to inform citizens on redress mechanisms when they submit complaints which are outside their scope of
competence (45’ presentations, 45’ discussion).
Chair: Emmanuel Crabit, Head of Unit for Fundamental Rights and Rights of the Child, Directorate General Justice
of the European Commission
Speakers
• David Lowe, Head of the Secretariat of the Committee on Petitions of the European Parliament
• Sabine Hackspiel, Head of Unit in the Directorate Research and Documentation at the Court of Justice
of the European Union
• Victor Soloveytchik, Head of Division at the European Court of Human Rights
• Giovanni Buttarelli, Assistant European Data Protection Supervisor (to be conˆ rmed)
• Margaret Tuite, Deputy Head of Unit for Criminal Law, Directorate General Justice of the European Commission
V. HELPING CITIZENS FINDING REDRESS IN CASES OF VIOLATIONS OF FUNDAMENTAL RIGHTS 15.30-17.00
Objective: Citizens who are faced with a violation of their fundamental rights should have access to an e” ective
redress mechanism. This session aims to explore how to improve cooperation between bodies/
institutions regarding the handling of fundamental rights complaints, particularly between the EU
and the national level (45’ presentations, 45’ discussion)
Chair: Emmanuel Crabit, Head of Unit for Fundamental Rights and Rights of the Child at Directorate General
Justice of the European Commission
Speakers
• Ian Harden, Secretary General of the European Ombudsman
• Sonia Masini, President of the Province of Reggio Emilia and 1st Vice-Chair of the Commission for Citizenship,
Governance, Institutional and External A” airs of the Committee of Regions
• Gabriele Bischo” , Head of the European Policy Department, German Confederation of Trade Unions (DGB),
Member of the European Economic and Social Council
• Professor Alan Miller, Chair of the Scottish Human Rights Commission and Chair of the European Group of
National Human Rights Institutions