Enforcing the Charter of Fundamental Rights through EU funding: A first assessment ahead of the next Multiannual Financial Framework

This article examines the Charter horizontal enabling condition as a novel mechanism for enforcing fundamental rights through EU funding under the 2021–2027 Multiannual Financial Framework (MFF). Notwithstanding its greater relevance in the financial enforcement of Article 2 TEU values, the Charter horizontal enabling condition has received limited scholarly attention so far, especially in comparison to the Conditionality Regulation. The article contributes to this emerging debate by analysing the origins, design and practical application of this instrument in the 2021–2027 financial period, focusing particularly on the cases of Hungary and Poland. It shows how the Charter horizontal enabling condition has provided the Commission with a versatile and procedurally straightforward tool to address fundamental rights breaches by the Member States affecting EU funding management. While acknowledging its significance in enhancing the protection of fundamental rights in the framework of EU funding, the article highlights the main shortcomings that have emerged in practice, notably regarding transparency and legal certainty. The article concludes by providing a preliminary assessment of the Commission's proposal to introduce a ‘Charter horizontal condition’ in the upcoming MFF, along with recommendations for improving the mechanism in future budgetary negotiations.