HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

work the FRA is doing. In order to help promote and protect fundamental rights more effectively across the EU, FRA was established in 2007, headquartered in Vienna. 75 It plays an equally significant role in enhancing human rights protection in the EU. It achieves this by gathering and analyzing data, offering recommendations regarding the state of human rights across Europe, and supporting rights-compliant policy responses. 76 In the context of protecting LGBTQ+ rights, it is necessary to mention the valuable work of the FRA, particularly in the collection of data regarding the intensity of discrimination based on SOGI in the Member States, feeling of safety as an openly LGBTQ+ individual, and more. This information is immensely precious for policymakers and for promoting LGBTQ+ rights. For instance, research findings have been used as the basis for the LGBTIQ Equality Strategy 2020–2025 . The right to address the European Ombudsman ( hereinafter referred to as “Ombudsman” ) , which is in itself a fundamental right, enshrined in Article 43 of the Charter, allowed EU citizens and residents within the Union to report instances of ´maladministration´ by EU institutions. 77 The establishment of the Ombudsman position was driven by several reasons; however, its primary purpose lies in the ethical supervision of public administration, resulting in the administrative accountability of public institutions. Equally important is its role in enhancing EU governance and shortening the distance between citizens and institutions. 78 Unfortunately, no study or research has been conducted on the role of the Ombudsman in terms of protecting LGBTQ+ individuals or its effectiveness, and obtaining them is not the aim of this article, nor is it feasible given the scope. However, future research could usefully explore this gap. To complete the list, it is necessary to add another non-judicial institution that an individual can turn to if their rights have been violated. The other channel that is relevant concerning LGBTQ+ rights, besides the European Ombudsman’s office, that allows individuals to lodge complaints, is the European Commission ( hereinafter referred to as “EC” ) itself. 79 An individual may contact the EC regarding any law, 75 The European Union Agency for Fundamental Rights (FRA) was established based on Council Regulation (EC) No. 168/2007 of 15 February 2007. Available at: https://eur-lex.europa.eu/legal content/EN/TXT/?uri=CELEX%3A32007R0168. 76 European Union Agency for Fundamental Rights [online]. [cit. 2024-02-18]. Available at: https://fra. europa.eu/en. 77 European e-justice Portal. Last Update: 30. 10. 2020. [online]. [cit. 2024-02-18]. Available at: https://e justice.europa.eu/home?action=home. 78 DEMİREL, Demokaan. THE ROLE OF THE EUROPEAN OMBUDSMAN IN GOOD ADMINISTRATION. In: Politics, Economics, and Administrative Sciences Journal of Kirsehir Ahi Evran Universit [online]. 2021, p. 128 [cit. 2024-02-20]. Available at: https://www.researchgate.net/ publication/357354787_THE_ROLE_OF_THE_EUROPEAN_OMBUDSMAN_IN_GOOD_ ADMINISTRATION. 79 The ability for individuals to lodge complaints with the European Commission regarding violations of EU law by a Member State is rooted in the TFEU in Article 258, which gives the EC the power to bring a Member State before the CJEU if it believes that the Member State is failing to fulfill its obligations

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