Fundamental Rights in the EU Institutional Landscape

Abstract

This chapter examines the roles of the various institutional actors in the EU fundamental rights architecture. The European Commission is the most well-known supranational institution of the EU. It acts as the central pillar of the EU system with responsibilities spanning legislative proposals and enforcement of EU law, among others. As such, the Commission has an important role in ensuring that EU and implementing national law is consistent with fundamental rights. The conduct of the Commission itself is equally subject to fundamental rights requirements which is of additional significance due to its external representation role in which the Commission should also promote human rights. The other institutional actors include the European Parliament; the Council of the European Union; the Court of Justice (CJEU); the European External Action Service (EEAS) and EU Special Representative (EUSR) for Human Rights; the EU Agency for Fundamental Rights (FRA); the National Human Rights Institutions (NHRIs); the national equality bodies (NEBs) and national data protection authorities (NDPAs); and the European Ombudsman. Although the Member States are not EU institutions or bodies, their importance in the EU system overall and for the protection of fundamental rights in particular cannot be overlooked.