20 years since the European Charter of Fundamental Rights and the new sanctions against Russia
There is no doubt that mutual economic interests are all-important, almost transcendental; that geography is also unquestionable. But even so, Europe cannot deny itself, so, even if it is more symbolic than practical, it will adopt new sanctions against Russia. A number of senior Russian officials, yet to be determined, will be added to the blacklist of those who, among other things, will not be allowed to set foot on EU soil and, should they hold accounts or other assets on EU soil, they will be frozen.
For the moment, this is the first consequence of the recent disastrous trip to Moscow by the head of European diplomacy, Josep Borrell, who suffered the defiance and humiliation of his counterpart Sergei Lavrov. He summed up his unsuccessful demarche saying that "it's clear that Russia is on a confrontational course with the European Union". And, referring more specifically to the persecution of Alexei Navalny, the most prominent opponent of President Vladimir Putin, Borrell defines it as "a categorical refusal [by Russia] to respect its commitments, including its rejection of the decisions of the European Court of Human Rights".
This "period of turbulence in relations with this inevitable neighbour", as Arancha González Laya puts it, coincides with the twentieth anniversary of the European Charter of Fundamental Rights. A text adopted in 2000 at the Nice summit, and which definitively shapes the central role of the citizen in this Union, which today consists of 27 states.
Although it may seem idle to remind you, the European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. Nothing more and nothing less. These values are enshrined in Article 2 of the EU Treaty, so that compliance with them by the Member States is a sine qua non condition for participation in the European project. The European Charter of Fundamental Rights incorporated these values into EU law.
In view of the current state of affairs among its members, there are undoubtedly still many challenges to be faced and much to be improved. It is evident that the application of the Charter is suffering in countries such as Hungary, Poland and Slovenia, and even in Spain, where certain manifestations, actions and events are raising considerable doubts as to whether the Charter is being duly observed. This was made clear in a lively virtual debate organised by the Representation of the European Commission in Spain and the Konrad Adenauer Foundation. The latter's director for Spain and Portugal, Wilhelm Hofmeister, made a particularly heated intervention, rejecting the criticism of Spain that has intensified in recent weeks in many European countries, especially Germany: "The rights of freedom of expression and demonstration are fully guaranteed in Spain, rights that are moreover guaranteed in Europe than anywhere else in the world," he said forcefully.
Both Hofmeister and Emmanuel Crabit, Director of Fundamental Rights and Rule of Law at the European Commission, nevertheless warned of the need to be alert and vigilant in order to preserve the world's greatest area of freedom. In this respect, Paloma Biglino, Professor of Constitutional Law at the University of Valladolid, pointed out that, unfortunately, "democracy is no longer a value that can be taken for granted". The Economist's annual report on Democracy in the World, which states that less than half (49.4%) of the world's population lives in a democracy, and that 41% of that half live in flawed democracies, while 50.6% live in hybrid, if not outright authoritarian, regimes, not to say dictatorial or tyrannical.
Indeed, there are numerous attacks on democracy, as a political system that allows, above all, alternation and the peaceful and fair transfer of power. The latest shock was precisely that of the United States, whose Bill of Rights has been the source of inspiration both for the European Charter of Fundamental Rights itself and for quite a few Constitutions.
Twenty years after its adoption and incorporation into the acquis communautaire, the Charter of Fundamental Rights needs to be implemented more vigorously by the Member States, to ensure that all legislative projects are in line with the provisions of the Charter and, lastly, to work more closely with local and regional authorities on the practical translation of its provisions into everyday life.
From the highest political level to the most local; from the largest to the smallest, the observance and preservation of Fundamental Rights must permeate all decisions, so that the European citizen feels that it is as much a part of his or her very nature as the air he or she breathes. It is the very essence of the EU and the only sure guarantee of its survival over time.