European Economic
and Social Committee
Reversing the negative trends in the rule of law across the EU through civil society
The conference on Fundamental Rights and the Rule of Law held by the European Economic and Social Committee brought into light serious violations and negative trends in the four areas covered by the European Rule of Law Mechanism (justice, corruption, media, and checks and balances). The EESC stressed that civil society is a dynamic actor in defending this fundamental principle of the EU.
The president of the EESC's FRRL Group, Cristian Pîrvulescu, underlined the role of civil society: "We do not turn to the representatives of civil society for the 'sake of the principle', we listen to civil society because its contribution is essential to these crucial issues".
Giulia Barbucci, EESC Vice-President, stated that "EU legal and political responses cannot stand alone. We must also better engage civil society actors as they are the bridge between the expectations of the general population and institutions".
However, the current health crisis and measures taken by authorities have amplified the challenges already existing in this field. The Commission's July 2021 Rule of Law Report has highlighted these negative trends, but also some positive developments in certain Member States.
Gašper Dovžan, State Secretary of Foreign Affairs in Slovenia, added that "respect for the rule of law should never be subjected to a dilemma or become a victim of any crisis."
Nevertheless, "there is still a lot to be done and a long way to go" as Matthew Caruana Galizia said. His mother, Daphne Caruana Galizia, a Maltese journalist, was murdered while investigating corruption, money laundering and organised crime. "My mother is unfortunately a good example of how failings in the rule of law and widespread corruption are not victimless crimes."
There was agreement among the participants that the rule of law was vital for the functioning of the EU as a whole, including its credibility, resilience and mutual trust.
As Debbie Kohner from the European Network of National Human Rights Institutions summed up, all four pillars covered by the European Rule of Law Mechanism – justice system, media freedom and pluralism, anti-corruption frameworks, and other checks and balances – are intertwined.
Nicole Romain from the EU Fundamental Rights Agency also stressed that all institutional actors should make better efforts to communicate fundamental rights and the rule of law to the general population.
Eszter Nagy from the European Federalists insisted that it was high time for the EU to make full use of all its tools, starting with rule of law budget conditionality. (at)