Fundamental Rights Library

This Fundamental Rights Library was developed as part of project no. 2018-1-1440 (6) ‘Supporting National Human Rights Institutions in monitoring fundamental rights and the fundamental rights aspects of the rule of law’, funded by EEA and Norway Grants with the aim of supporting a community of EU Charter and CRPD practitioners in Bulgaria. It exists alongside FRA’s knowledge database on the EU Charter and provides translated FRA guidance and project deliverables specific to Bulgaria as tools to support EU Charter application, both in wider and specific contexts.            

Developed within the project

• The Role of National Bodies With a Human Rights Remit in Ensuring Fundamental Rights Compliance of EU Funds – Bulgaria, February 2024 (language versions: BG and EN)

The process of setting national policy priorities and putting them into practice via EU funds was highly centralised in the previous programming period. In the new period, the trend towards centralisation is more pronounced, with all responsible central level authorities concentrated in one ministry. Respect for fundamental rights within this process is even more dependent on the awareness of their importance. There is a need for a more effective mechanism to monitor compliance with the EU Charter of Fundamental Rights and the UN’s CRPD (part of the so-called 'horizontal enabling conditions’ within the EU Common Provisions Regulation).

• Best Practices of EU Charter of Fundamental Rights Implementation in Bulgaria, February 2024  (language versions: BG and EN)

The effective use of the EU Charter and the UN’s CRPD depends on the existence of a set of favorable pre-conditions such as the good knowledge of EU law and EU Charter, investing in constant staff training, the introduction of internal monitoring procedure which takes into account all aspects of the legal framework; fruitful cooperation with human rights NGOs, etc. The Ombudsman of Bulgaria is using various tools to promote the Charter, including: complaints handling and litigation, advisory functions, human rights monitoring, reporting and awareness raising. It is noteworthy that Bulgaria’s Partnership Agreement with the EU contains references to the Charter and the UN’s CRPD in relation to social inclusion (ensuring the protection of fundamental rights of vulnerable groups and, specifically, of people with disabilities) as well as to the European Pillar of Social Rights (EPSR) on gender equality and equal opportunities.

• Mapping of National Human Rights Structures in Bulgaria, February 2024 (language versions: BG and EN)

The purpose of this report is to describe the main national institutions guaranteeing human rights protection in Bulgaria, their powers, spheres of action, as well as their interconnection - within the national legal system, the EU and the international mechanisms for protection of human rights. Two main trends stand out in the Bulgarian system. Firstly, the dominant role of the executive branch through a three-tier system (the backbone of the government‘s human rights policy). Secondly, the key, even revolutionary, role of the ombudsman institution.

• Baseline Study: Implementation of the EU Charter of Fundamental Rights in Bulgaria, February 2024 (language versions: BG and EN)

The baseline study examines the current application of the Charter of Fundamental Rights in law-making, as well as in the practice of the Constitutional Court and general courts in Bulgaria. The study also examines the application of each chapter of the Charter.

• Action Plan on Further Use of the EU Charter and CRPD in EU Funds in Bulgaria, February 2024 (language versions: BG and EN)

This action plan has been created in line with publications developed by experts within the project, funded by EEA and Norway Grants. It seeks to support the implementation of the EU Charter and CRPD in the shared management of eight EU funds in Bulgaria. The action plan draws on recommendations and conclusions from workshops with public authorities, NGOs and local ombudspersons (public mediators) to formulate a proposal for concrete actions and indicators to assess success.

Translated and adapted tools for applying the EU Charter of Fundamental Rights

• EU funds: Ensuring Compliance with Fundamental Rights, FRA, December 2023 (language versions: BG)

All EU funds must be spent in a way that respect fundamental rights. The EU spends billions of euros on creating jobs, economic growth, sustainable development and improving people’s lives. To prevent funds from being spent in ways that directly violate people’s fundamental rights, the EU strengthened the conditions how funds can be spent in 2021. This report looks at how the newly introduced conditions related to the EU Charter of Fundamental Rights and the United Nations Convention on the Rights of Persons with Disabilities can be upheld in practice. It analyses the potential role of national human rights institutions, ombudsperson institutions and equality bodies.

• Charter Case Studies - Trainer's Manual, FRA, August 2022 (language versions: BG)

The Charter of Fundamental Rights of the European Union (EU Charter) is the EU’s bill of rights. It always binds the EU institutions and the Member States when they act within the scope of EU law. However, it is far from easy to assess whether a concrete case falls within the scope of EU law. This is why it is necessary to provide training and training material to legal professionals so that they can understand the field of application of the Charter as laid out in its Article 51. This trainer’s manual aims at providing guidance on both the organisation and the implementation of such trainings based on a series of case studies, which will be extended in the future.

• Handbook on European Law Relating to the Rights of the Child, FRA and CoE, March 2023 (language versions: BG)

Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also considers the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to situations in which rights and responsibilities are most prominently vested in children’s carers. The handbook is designed for non-specialist legal professionals, judges, public prosecutors, child protection authorities, and other practitioners and organisations responsible for ensuring the legal protection of the rights of the child. It explains key jurisprudence, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights.

• Implementing the UN Convention on the Rights of Persons with Disabilities: Human Rights Indicators, FRA, March 2023 (language versions: BG)

Developing appropriate indicators and benchmarks is an integral part of national efforts to monitor the implementation of the rights enshrined in the CRPD and to measure progress towards the realisation of the CRPD commitments. Indicators are not simply a set of benchmarks. They are instrumental in translating globally agreed standards into specific legal, policy-making and practical steps towards realising fundamental rights, so long as they are properly designed and used. In essence, indicators break down legal standards into measurable elements and clearly defined questions or lines of enquiry, into which quantifiable data and information are fed. Indicators also support evidence-based policymaking grounded in human rights. They do so by enabling the identification of gaps and tracking of progress over time. Indicator frameworks provide a solid evidence basis for the following groups to establish the extent of unequal outcomes and identify where policy intervention is required: policymakers; independent monitoring bodies; national human rights bodies; persons with disabilities and their representative organisations; and wider civil society.

• Ensuring Victims' Rights - Support, Reporting and Protection Services FRA, March 2023 (language versions: BG)

Directive 2012/29/EU represents a milestone in the development of victims’ rights. It establishes minimum standards for the rights, support and protection of victims of crime. It defines the scope of support services, guarantees the right to effective protection against secondary victimisation and comprehensively regulates the measures required for this purpose. This report covers three core components underpinning victims’ rights: support services, crime reporting, and protection from secondary and repeat victimisation. Examples highlight the relevant legal provisions in Member States and how specific rights under the Victims’ Rights Directive work in practice. However, the evaluation also points out shortcomings related to victims’ access to information, support services and protection in line with their individual needs. In addition, it notes that victims should be able to take a more active role in criminal proceedings and have easier access to compensation.

• Rights in practice: Access to a lawyer and procedural rights in criminal and European Arrest Warrant proceedings, FRA, September 2023 (language versions: BG)

Protecting the rights of anyone suspected or accused of a crime is an essential element of the rule of law. Courts, prosecutors and police officers need certain powers to enforce the law – but trust in the outcomes of their efforts will quickly erode without effective safeguards. Such safeguards take on various forms, and include the right to certain information and to a lawyer. This report looks at how these key criminal procedural rights are applied in practice. It is based on interviews with over 250 respondents in eight Member States, including judges, prosecutors, police officers, lawyers, staff of bodies that monitor prisons, as well as defendants.

• Fundamental rights of older people - Ensuring access to public services in digital societies, FRA, September 2023 (language versions: BG)

Europe’s ageing population is ever-increasing, and our societies are becoming more digitalised. Many public services are now available online, with many more services in the process of being digitalised. But the digitalisation of public services poses a risk of exclusion for older persons. In this report, FRA explores the impact of digitalisation on the fundamental rights of older persons. The report maps the current legislation, policies and practices fostering digital inclusion. It provides an overview of the laws at the national level that provide for equal access to public services, both online and offline. The findings show how Member States safeguard older person’s rights to access services undergoing digitalisation. It outlines how Member States can support digital skills and ensure older people can fully participate in public life.

Further Reading

What are fundamental rights?

Fundamental rights are the basic rights and freedoms that belong to everyone in the EU, which was founded on the values of human rights, equality, rule of law, democracy, freedom and human dignity.

They are the same no matter where you’re from, what you believe or how you live. They set standards for how we live and work in Europe today.

Fundamental rights are at the heart of the European project and the EU enshrined them in its Charter of Fundamental Rights. FRA was set up to protect and promote them.

Despite this heritage, there are many challenges to the practice of fundamental rights. FRA collects and analyses data to understand and tackle these issues.

The term ‘human rights’ refers to all civil, political, economic, social and cultural rights as laid down in international legal instruments. The term ‘fundamental rights’ refers to the rights that are included in the EU Charter of Fundamental Rights and reflected in the general principles of EU law.

What is the EU Charter of Fundamental Rights?

The Charter of Fundamental Rights is the European Union’s bill of human rights. Its 50 articles bring together the rights and freedoms belonging to everyone in the EU.

General provisions in the Charter set out its detailed interpretation and application. Member States have a duty to respect and observe the Charter when acting within EU law.

The European Commission drafted the Charter in 1999. and the European Parliament proclaimed it a year later. The Charter came into full legal effect with the Treaty of Lisbon on December 1, 2009.

When are authorities required to apply the Charter?

The Charter of Fundamental Rights binds Member States “only when implementing Union law”. But EU law often applies at national level. It influences significant parts of Member States’ law and policymaking.

This makes judges, politicians, government officials and legal practitioners core Charter agents.

Application of the Charter is central to the proper implementation of EU law. FRA’s handbook on Applying the Charter of Fundamental Rights offers guidance.