Member State’s role in promoting and protecting fundamental rights through EU funds

The European Union has decided to increase its efforts to support the application of fundamental rights in Member States through various financial programs. The EU has established fundamental rights conditionalities to ensure that the funding is used in a manner consistent with the European values. Monitoring states’ compliance is key to ensure that the initiatives are well carried out, respecting the fundamental principles of the EU. Member States are responsible for respecting such values when spending EU funds. This obligation is reinforced by the Financial Regulation, which requires that EU funding is not disbursed to activities incompatible with EU values. 

Activities to promote, protect, and enforce fundamental rights are generally funded from the statutory budgets of Member States. Their most important responsibility with regard to EU fundings is to ensure that they reach the intended stakeholders at local and regional levels. Member States contribute not only by enabling access to EU funding and offering national support schemes, but also by implementing targeted projects that advance fundamental rights and encourage civic participation at regional and local levels. The report highlights the practice of Spain, which allocates substantial portions of social project funding to regional and local actors. It has been noted that Italy also supports local stakeholders in their initiatives and is a part of a group of countries where funding projects in the area of gender equality and the empowerment of women and girls are especially supported, including initiatives against gender-based violence and promoting financial literacy.  

CERV and other EU-funded programs

The Citizens, Equality, Rights and Values program (CERV) was launched in 2021 and will run until 2027. The CERV program aims to strengthen the capacity of civil society organizations (CSOs), national authorities, and other stakeholders to promote, protect, and enforce fundamental rights, democracy, and EU values throughout Europe and consists of four pillars:

1. Equality, Rights and Gender Equality - promoting rights, non-discrimination, equality (including gender equality), and advancing gender and non-discrimination mainstreaming
2. Citizens' engagement and participation - promoting citizens engagement and participation in the democratic life of the Union, exchanges between citizens of different Member States, and raising awareness of the common European history
3. Daphne - fight violence, including gender-based violence and violence against children
4. Union values - protect and promote Union values 

Financing civil society organizations and initiatives promoting human rights and EU values fall under the scope of the “Union Values” pillar, with a substantial budget of EUR 668 million. CERV is mainly implemented through grants, but additional funds are allocated through procurement to monitor and evaluate activities and to support studies and communications. The 2024 report provides us with examples of how Member States participate in the CERV program. For example, through the CERV program Bulgaria got the chance to develop methodologies for rehabilitating and integrating persons with disabilities, actively promoting inclusion and rights at the national level. 

Other EU-funded programs in the domain of fundamental rights are the Justice program and the Recovery and Resilience Facility program. Both programs were introduced in 2021. The Justice program is intended to strengthen justice systems, enhance judicial training, and improve access to justice throughout the EU. It aims to uphold high standards of justice, support judicial independence, and promote mutual recognition within the EU’s legal framework. The Recovery and Resilience Facility program aims to support economic recovery, reforms and sustainable energy independence after COVID-19 pandemic. Key areas of the program include economic, social, and institutional resilience policies and policies for the next generation, namely environmental protection and social inclusion.

Italy as a vital part of the European Union’s agenda to protect fundamental rights

In the 2024 report Italy is acknowledged as an active participant in consultations related to the application of the EUCFR, which shows Italy’s commitment to the protection of fundamental rights and its willingness to collaborate in shaping EU policies that promote and protect human rights. Italy effectively manages to align its national legislation with EU law and jurisprudence. It is important to note that Italy benefits from several EU programs that support fundamental rights, such as the Citizens, Equality, Rights and Values Programme (CERV) CERV programme and external cooperation initiatives, which help reinforce compliance and alignment with EU standards.

Despite positive developments, there are some areas where Italy faces challenges to fully align with EU fundamental rights standards. The report highlights concerns in the area of protecting and implementing EU funding designed to support civil society organizations, especially their needs for core funding and capacity building. Italy, along with other countries, faces issues such as delays in publishing funding calls and heavy excessive administrative procedures that hinder organizations working on fundamental rights. Therefore, these barriers could restrict civil society and human rights organizations from fully participating in EU-funded initiatives. Apart from funding issues, Italy also may encounter procedural complexities and bureaucratic obstacles that impact the implementation of some initiatives, negatively affecting the transparency and timely enforcement of rights protection actions.

Conclusions

The 2024 report on the application of the EU Charter of Fundamental Rights highlights how EU funding sustains internal and external policies for the protection and promotion of fundamental rights. Member States, through their actions, must respect and implement EU values, including the rights, freedoms and principles deriving from the EUCFR. The report shows that not only states, but also civil society organizations and human rights defenders play an extremely important role in this aspect. Member States must take actions to include them in their policies and provide them with better access to information on available funding and help with the application and reporting processes. Strengthening this financial support is essential to maintaining an open, democratic, and rights-respecting European Union.