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Parliamentary questions
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13 June 2018
Answer given by Ms Jourová on behalf of the Commission
Question reference: E-001265/2018

The provisions of the Charter are addressed to the Member States only when they are implementing European Union (EU) law(1). Accordingly, under the Charter and the Treaties(2), the Commission has no general power to intervene with the Member States in the area of fundamental rights. It can only do so if an issue of EC law is involved.

The matter referred to by the Honourable Members is not related to the implementation of EC law. In particular, as things stand, there are no EU rules in place in relation to detention or early or conditional release, those are a matter for national law. Nor is the Commission, in any event, in the position to examine how individual cases have been addressed by a court in a Member State or by other authorities such as penitentiary institutions.

The Commission is, therefore, not in a position to further comment on the issue raised by the Honourable Members.

In such cases, it is for Member States, including their judicial authorities, to ensure that fundamental rights are effectively respected and protected in accordance with their national legislation and international human rights obligations.

(1)Article 51(1) of the Charter.
(2)In particular Article 6(1) of the Treaty on European Union.

Last updated: 14 June 2018Legal notice