Jointly with Civil Society Europe and other partners, we call on the European Commission to strengthen the rule of law mechanism by including more robust and concrete protection for civic freedoms and civil society.
A shrinking space for civil society is one of the key indicators of a weak rule of law environment in any Member State (MS). Moreover, civil society, including philanthropic actors, plays a key role in supporting the rule of law efforts. Also, both in countries where the rule of law is under threat and in countries where it is respected, there is a need for continuous civic education about the importance of a free and strong civic space to democracy and rule of law, and the crucial role of civil society actors in promoting and advocating for the respect of these values.
For all of these reasons, we believe that the future rule of law reports should include a dedicated section on civic space and we call for a methodology review. Our recommendations include:
- Review the methodology of how annual reports are prepared and establish a clear link between the respect of the rule of law and the existence of enabling civic space in MSs. Integrate indicators related to civic space in the periodic monitoring exercise, through recognizing civic space as a rule of law pillar;
- Identify and adopt a comprehensive framework for assessing civic space realities in MSs. Such framework should take into consideration the diverse and interrelated components of civic space, and its effect on the political system and the rule of law. It should also include at least a regular review of the legislative and policy framework and its implementation relating to the exercise of civic space fundamental freedoms (freedom of association, assembly and expression, enshrined in Articles 11 and 12 of the EU Charter of Fundamental Rights) in MSs;
- Include civic space in its impact assessment on fundamental rights in order also to prevent that problems of EU legislation are transposed at the national level;
- Establish an alert mechanism to allow civil society actors to promptly signal to the European Commission about serious issues and/or threats regarding civic space fundamental freedoms. Such an alert mechanism should lead to a rapid (re)assessment of the situation, allowing for timely and concrete reaction at the EU level, the impact of which should be regularly reviewed;
- Create a position of an EU Coordinator on the rule of law and civic space as a stepping stone to ensure monitoring, verification and analysis of civic space issues;
- Make sure that when governments unduly restrict civic space, they face sanctions including political sanctions in the framework of Article 7.