Communicating fundamental rights and the rule of law - Related Opinions

Combating all forms of discrimination is one of the aims of the EU, as enshrined in the Treaties. Yet, Member States have never agreed on the Directive proposed by the European Commission in 2008, which would have extended the existing EU protection against discrimination to all policy areas. Such a situation has created an "artificial hierarchy of protected grounds" whereby areas such as sex, and racial or ethnic origin, enjoy wider protection than other grounds like religion or belief, age, disability and sexual orientation. This Own-Initiative Opinion seeks to address this situation, by recalling the need to adopt a comprehensive directive, but by proposing complementary actions notably based on the recognition of the general principle of equality.

The "Reinforcing democracy and integrity of elections" package was issued by the European Commission in November 2021. The EESC was asked to address two of the three legislative components of the package: the revision of the Regulation on the statute and funding of European political parties and European political foundations, and a proposal for a Regulation transparency and targeting of political advertising. In this Opinion, the EESC welcomes the aims and motivation of the package but also suggests specific recommendations to make the text of the Regulations more ambitious. One of the main objectives of the Opinion is to promote conscious political participation by citizens and a role for civil society in ensuring transparent, accessible and honest political activities.

In 2018, the EESC adopted an Opinion on "The Union's budget and the rule of law" (SOC/598) in which it supported the principle of corrective measures regarding Member States that commit serious violations of the rule of law in Europe. In the present Own-Initiative Opinion, the EESC insists on the actual implementation of Regulation (EU) 2020/2092 "on a general regime of conditionality for the protection of the Union budget". The EESC demands the imposition of swift and comprehensive sanctions for breaches of the rule of law which put the Union's budget at risk. It also recalls the importance for Member States to integrate measures to strengthen the rule of law in their recovery programmes. The EESC also supports a stronger role for the European Public Prosecutor's Office (EPPO), European Anti-Fraud Office (OLAF), and civil society in the area.

This opinion is the EESC's contribution to the implementation of the European Democracy Action Plan (EDAP) published by the European Commission in December 2020. The EESC welcomes the document, which it views as both positive and necessary, and recommends that the European Commission add to it a specific pillar for the involvement of civil society and social partners and the promotion of labour democracy. Indeed, the EESC regrets that the EDAP has failed to address the important role of the social contract, social dialogue and collective bargaining in reducing inequalities and encouraging Europeans to embrace democratic ideals. The EESC also believes that greater emphasis should be placed on civil dialogue, and it therefore reiterates its call for the creation of an annual Civil Society Forum on Fundamental Rights and the Rule of Law (SOC/627).