Liberal democracy relies on civil liberties and a pluralistic civil society, but considerable political forces in today's Europe are challenging liberal democracy. The social, political and legal framework must allow for a pluralistic civil society. Strong social partners and civil society are needed to defend EU values. The EESC calls for the creation of a Democracy Semester, a European control mechanism, corrective economic measures for non-respect of fundamental EU values, the creation of a European statute for CSOs, or interinstitutional CSO authorisation and, tax incentives to support civil society. Burning social questions must be tackled, ensuring social sustainability and inclusive education.
Fundamental Rights and the Rule of Law
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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.
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The Justice, Rights and Values Fund is a much-needed instrument for the promotion of EU values, fundamental rights, democracy, the rule of law, and in support of a vibrant and diverse civil society. Overall funding should be increased to EUR 1.4 billion, and innovative funding tools be used to reinforce civil society participation and capacity. 50% of the different strands should be earmarked for civil society organisations, and funding for litigation in support of civil society organisations defending fundamental rights be supported. Synergies should be found with programmes supporting media freedom.
The EESC welcomes the proposal for economic corrective measures regarding Member States that commit serious violations of the rule of law in Europe, and recommends that the interdependence between democracy, fundamental rights and the rule of law is better reflected. The Commission should develop further channels for debate on Article 2 TEU values, and should include the EESC in this work. The EESC reiterates its call for the creation of a system of regular and independent monitoring of the implementation of these values in the Member States.
Alarming political decisions have shown that the EU lacks adequate instruments to safeguard fundamental values and the rule of law. A new European mechanism on the rule of law and fundamental rights is needed. The mechanism should include a regular assessment of Member States in a governance "policy coordination cycle", similar to the European Semester. The EESC should play an active role, as this will make for strong civil society involvement. The mechanism must be based on indicators, taking into account the indivisibility of fundamental economic, social and cultural rights and civil and political rights.
With populism and authoritarianism on the rise across Europe, civil society organisations face growing hostility. Battling with financial constraints, smear campaigns, political attacks and legal and administrative obstacles, they urgently need reinforced support on all fronts to be able to play their key role of making our societies more open, more accountable and just.
Civil society organisations (CSOs) must be recognised, involved and supported as partners that defend and strengthen European democracy and contribute to a functioning rule of law culture.
In its March plenary, the European Economic and Social Committee (EESC) adopted an opinion urging the European Institutions to address the fragmented implementation of foreign policy sanctions across Member States. The EESC is concerned about the inconsistency in standards and in the application of sanctions in national legislation, and is calling for immediate action to protect humanitarian aid and journalists in sanctioned regimes.
Conference on 'Civil society organisations defending and strengthening European democracy' organised by the EESC's Civil Society Organisations' Group
EESC plenary debate linked to the adoption of the opinions SOC/726 on Combatting violence against women and SOC/731 on Gender equality, with Christina Fabre, Team leader on gender-based violence, European Institute for Gender Equality (EIGE).
"The rule of law: why should we care?" was the thought-provoking question put to participants in a hearing jointly organised by the EESC Fundamental Rights and Rule of Law Group and the International Bar Association (IBA) on 6 July 2022 in Bratislava, Slovakia.