The First Annual Report on the application of the EU Charter of Fundamental Rights put forward by the European Commission shows that fundamental rights are relevant across a wide range of policies and that public interest in the Charter runs high. However, and despite the letter received by the Commission from the public in general regarding fundamental rights, the report also highlights that the Charter is frequently misunderstood.

In the scope of the the Commission's strategy to ensure that fundamental rights are effectively implemented so that people can rely on them in practice, the Commission has release its first Annual Report on the application of the Charter of fundamental rights. This report is a first step in addressing these challenges, clarifying where the Charter applies and where it does not, and getting the Charter closer to citizens, something even more important in the scope of a recent survey by the European Ombudsman which found that 72% of Europeans do not feel well informed about the Charter.

Vice-President Viviane Reding, the EU’s Justice Commissioner, highlighted the need for citizens to know their rights and how to apply them so that justice can be done. She added that, although rights must be enforced by national judges under national constitutions in the first instance, when EU law applies the Union will make sure that any violation of fundamental rights is committed.

The report gives the first comprehensive overview of how fundamental rights are being implemented in the EU following the Lisbon Treaty, which made the Charter legally binding. It is structured into six chapters reflecting the six titles of the EU Charter of Fundamental Rights which are Dignity, Freedoms, Equality, Solidarity, Citizens' Rights and Justice, at it shows that the Charter is relevant across a range of policies for which the EU is responsible.

As an example, the European Commission has included aspects related to the respect to fundamental rights human dignity, private and family life and data privacy in regulations regarding some specific issues such as body scanners in airports, or questions related to border management, as well as proposed amendments to the rules governing Frontex, requiring border control officials to be trained in fundamental rights and that any incidents during operations, including in relation to fundamental rights, must be reported to the national authorities and followed up.

Furthermore, the European Court of Justice has also played an important role in upholding the Charter, specially regarding the right of personal data protection. As an example, recent Court ruling invalidating part of EU legislation which required the publication of the names of natural persons that were recipients of funds deriving from the European Agricultural Guarantee Fund and the European Agricultural Fund for Rural Development were based on the respect to fundamental rights. Also, in a landmark equality case, the Court ruled on 1 March that different insurance premiums for women and men constitute sex discrimination and are not compatible with the Charter.