apply in full4, which will ensure individuals' rights are upheld, and increase legal
certainty and confidence.
Now it is time to work better and more closely together. The success of the tools that the
Union has put in place in recent years relies, first of all, on responsibility-sharing, mutual
trust and effective cooperation between all actors involved: EU institutions and agencies,
Member States and national authorities.
To this end, the Agenda sets out a shared approach for the EU and its Member States that
is comprehensive, results-oriented and realistic. To maximise the benefits of existing EU
measures and, where necessary, deliver new and complementary actions, all actors
involved have to work together based on five key principles.
First, we need to ensure full compliance with fundamental rights. Security and
respect for fundamental rights are not conflicting aims, but consistent and
complementary policy objectives.5 The Union's approach is based on the common
democratic values of our open societies, including the rule of law, and must respect and
promote fundamental rights, as set out in the Charter of Fundamental Rights. All security
measures must comply with the principles of necessity, proportionality and legality, with
appropriate safeguards to ensure accountability and judicial redress6. The Commission
will strictly test that any security measure fully complies with fundamental rights whilst
effectively delivering its objectives. The impact of any new initiative on free movement
and the protection of personal data must be fully in line with the proportionality
principle, and fundamental rights. This is a shared responsibility for all EU and Member
State actors. EU bodies such as the EU Agency for Fundamental Rights (FRA) and the
European Data Protection Supervisor have an important role in assisting EU institutions
and other EU agencies to uphold and promote our values.
Second, we need more transparency, accountability and democratic control, to give
citizens confidence. The European Parliament has taken up its full role as co-legislator,
ensuring democratic oversight. The specific role of national parliaments in the area of
freedom, security and justice7 is reflected in the Commission's wider commitment to a
renewed political dialogue with national parliaments. Twice a year the Commission will
update the European Parliament and the Council on the implementation of this Agenda.
The Commission will also develop performance indicators for key EU instruments. To
further enhance transparency and participation, the Commission will set up in 2015 an
EU Security Consultative Forum bringing together Member States, the European
Parliament, EU agencies, and representatives of civil society, academia and the private
sector.
Third, we need to ensure better application and implementation of existing EU legal
instruments. One of the Commission's priorities will be to help Member States to further
develop mutual trust, fully exploit existing tools for information sharing and foster crossborder operational cooperation between competent authorities. Peer evaluation and
effective monitoring of the implementation of European measures both have a role to
play.
4
5
6
7
Subject to the specific terms of Protocol 22 as concerns Denmark and Protocol 21and 36 as concerns the United
Kingdom and Ireland.
Article 6 of the Charter of Fundamental Rights and Judgment of the European Court of Justice of 8 April 2014, in
joined cases C-293/12 and C-594/12, paragraph 42.
Article 52(1) of the Charter of Fundamental Rights; judgment of the European Court of Justice of 8 April 2014,
quoted above.
Article 69 TFEU.
3