Freedom of information.
Based on Regulation (EC) No 1049/2001, we frequently request the release of internal documents of the EU institutions, such as the European Commission, to make it available for all interested stakeholders.
Complaints on fundamental rights violations in EU funds
We asked the European Commission services to release all relevant complaints on fundamental rights violations in EU funds. These complaints cover disability rights, Roma rights and general rights violations.
We found that unfortunately, most of the complaints were ignored and dismissed by both EU and national authorities. Even if complainants provided strong evidences, no financial/administrative corrections were introduced. More analysis of the complaints are available in the report of the FURI project.
Note on the use of EU Funds in tackling educational and spatial segregation 2021-2027 programming period
As you may know, the Commission published a document called Guidance Note on the use of European Structural and Investment Funds in tackling educational and spatial segregation in the 2014-2020 period.
To continue these efforts, the Commision developed a new Note for the 2021-2027 period. The main aim is to prevent and tackle the segregation of marginalised groups (e.g. Roma, people with a migrant background, people with disabilities and other socially disadvantaged groups) through the use of EU funds (in particular ESF+ and ERDF). It is developed as a response to implications of several EU funded projects, which perpetrated segregation (e.g. building segregated schools, extending segregated neighbourhoods, etc).
The Note for the 2021-2027 period has been completed with a chapter on the role of local authorities in tackling segregation, highlighting the special responsibilities of local authorities. It includes practical instructions on desegregation and provides guidance on how to implement them in different territorial settings (segregated neighborhoods and schools in cities, villages, etc.).
Note ‘Infrastructure mapping in education, health, housing, childcare and social care. Recommendations for desk officers to review infrastructure mapping for the 2021-2027 programming period’
One of the main gaps in designing and implementing EU funds investments is the lack of needs assessments (e.g. Interviewing service users, target groups; mapping the existing, available infrastructure (hospitals, schools, social care, housing, etc.), or their limited scope.
In practical terms, many times EU funds investments in training, service developments, building schools, hospitals, social care, etc. lack needs assessment.
As a consequence, actions supported by EU funds do not respond to the needs and challenges of people who currently use or will use, the services and infrastructure. Instead, EU funds investments often reflect more on political decisions, which might also violate human rights requirements (e.g. investments in residential institutions for people with disabilities instead of ensuring independent living conditions at home).
The document provides recommendations for infrastructure mapping:
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to analyse facilities in education, health, housing, childcare and social care, and,
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based on the outcomes, to make decisions on EU funds investments.
It contains very practical instructions (e.g. governance mechanisms, data collection, thematic and cross-cutting indicators, gap analyses), and prioritisation criteria for EU funds.
National cases of fundamental rights violations
A complaint has been submitted to the Hungarian Ombudsman on reinforcing housing segregation by EU funded projects several years ago. Several municipalities launched EU funded housing projects, which did not address desegregation of the Roma neighbourhoods, instead they focused on building and/or renovating housing in the Roma neighbourhoods. The Ombudsman Office registered the complaint but no further action has been taken.
You can find the response from the Hungarian ombudsman on the housing segregation complaint here.