Fundamental Rights and the Rule of Law
This page is also available in
The EU is not only a common market; it is a union of common values that shape the European identity. These values are set out in the Treaty on the European Union and also include the rights, freedoms and principles laid out in the Charter of Fundamental Rights: the "indivisible, universal values of human dignity, freedom, equality and solidarity; [the Union] is based on the principles of democracy and the rule of law. It places the individual at the heart of its activities, by establishing the citizenship of the Union and by creating an area of freedom, security and justice."
The Charter brings together into a single text all the personal, civic, political, economic and social rights enjoyed by people within the EU and apply to the EU institutions and Member States when they implement EU law.
The EESC is very active in the promotion of fundamental rights, the rule of law and democracy, and especially in the fight against discrimination based on race, ethnic origin, disability or gender. In 2018, it established the Group on Fundamental Rights and the Rule of Law to further expand analysis of the situation across Europe and promote a constructive dialogue amongst all stakeholders.
The EESC believes that any phenomenon of antisemitism is incompatible with European values and norms, as it leads to violations of the law and to exclusion, which is a threat not only to the communities concerned and Jewish life, but also to Europe's heritage and present, and to a democratic European future. The Committee broadly supports the establishment of the Strategy and the fact that it was preceded by a broad consultation process in 2021. It strongly supports that the Strategy is not only about combating antisemitism, but also about fostering Jewish life. It firmly believes that antisemitism is not only a violation of the law affecting European Jews, but is also a test of the European idea, European coexistence, the rule of law, fundamental rights and democracy. The EESC believes that all Member States have a fundamental obligation to ensure that their citizens have the freedom to hold religious beliefs and practice their religions without fear.
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.
In this opinion, the EESC recalls that media freedom, including the safety and security of journalists, and media pluralism are cornerstones of liberal democracy. It therefore notes with regrets that the developments within the EU are alarming and calls for urgent steps by Member States and the EU, including through the use of the new general regime of budget conditionality. The EESC welcomes the broad range of reports and initiatives by the European Parliament and the Commission, including the Commission's plan for a "European Media Freedom Act". It also supports measures to increase the safety of journalists and underlines the necessity of a legal ban on Strategic Lawsuit Against Public Participation (SLAPP). The EESC supports the idea of a European Agency to bolster media skills of EU citizens through educational programmes. It also proposes the creation of a fully independent European public service broadcaster.
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).
Through this opinion, requested by the German Presidency of the Council, the EESC recognises the essential role of smoothly functioning public services in defending core EU values. The opinion highlights their particular role in times of crisis, like COVID-19, which calls for the maximum human and financial support. The EESC proposes common European principles to support the role of public services in defence of democracy. They include the principles of neutrality, legality, proportionality, equal treatment and transparency; the right to good administration; independent oversight; the protection of public services staff against decisions breaching the rule of law; accessibility; interoperability; and the respect of the rule of law including when receiving EU funds.