ABSTRACT

This chapter aims to provide a definition of mainstreaming in European Union (EU) law and inquire into the extent to which there is a legal obligation, resting on the EU institutions and the Member States when implementing EU law to conduct fundamental rights mainstreaming. The chapter considers not only the legislature, but also the two advisory bodies : Committee of the Regions and European Economic and Social Committee with a legislative role. They are to assist the European Parliament, the Council and the Commission by exercising advisory functions and they are to be completely independent in performing their duties, in the Union's general interest. The chapter also considers advisory bodies with a legislative role, which have a fundamental rights specific mandate. It reviews the mechanisms that the European Data Protection Supervisor has put in place in order to maximise its impact with a view to ensuring data protection compliant law and policy-making by the institutions.