This month saw big steps in the renewal of the European institutions for the next five years. The new cohort of MEPs took up their seats, committee chairs were elected, and on 18 July, Ursula von der Leyen was confirmed as the President of the European Commission for another term. Days later, the Commission published its fifth annual Rule of Law report, neatly rounding off von der Leyen’s first term. This moment provides an opportunity both to reflect on the last five years and to look ahead to the next.
Over the last five years, the EU institutions have taken some measures to address civic space in their agenda, from the Rule of Law monitoring process to the EU Council Conclusions on civic space, and the recommendations on civic engagement, proposed as part of the Defence of Democracy Package. However, these actions have often been limited, technical and transactional, and limited restricted to the economic mandate of European institutions, including a narrow approach to security, while sidelining human rights and justice issues. There has been no comprehensive approach to civil society at the European level.
For example, the Commission’s Rule of Law reports, the latest of which was published last week, are far too limited in scope and overlook crucial elements, such as the link between the rule of law, equality and cohesion inside societies, and the respect of human rights and civic freedoms. Particularly concerningly, this year’s report included weak recommendations on civic space, made glaring omissions of rule of law violations, and prompted increasing concerns about the politicisation of the whole process.
Despite claims by the Commission that this year’s process has been a success, the report outlines widespread violations of the rule of law in the EU. This confirms many of the findings in our Civic Space Report 2024, released earlier this year and submitted as part of the Commission’s Rule of Law consultation. Our report showed that, overall, civic space has deteriorated across the EU over the last five years.
However, the Commission’s report barely scratches the surface of the problem, overlooking several crucial elements, including the respect for human rights and civic freedoms.
It also makes several glaring omissions. In one notable example, while the Commission acknowledges some restriction on the right to protest, it makes no direct mention of the unprecedented number of restrictions on freedom of assembly, association and expression of solidarity with Palestinian people and calling for ceasefire in relation to the escalating violence in Israel and Palestine. In another, it makes no mention of the French government’s disregard for its responsibilities during the discussion of the migration law in Parliament.
These omissions are hard to ignore and raise serious questions about the process, particularly after reports in the media that the report publication was delayed by the Commission leadership for political purposes.
Looking ahead to the next five years
So, what can be done to improve this situation in the next mandate?
In Ursula von der Leyen’s new political guidelines, the Commission president pledges to “consolidate the [Rule of Law] report and ensure it looks at all issues across Europe”. We hope that means transforming the existing report to address all threats and challenges that fall under the EU Treaties, in particular guaranteeing the effective access to fundamental rights, for all. In addition, we have stressed the importance of introducing an early warning mechanism, to respond to emerging threats in real time, and not simply as part of an annual cycle.
More broadly, we need a comprehensive approach to civil society. This is crucial for reversing damaging trends and ensuring measures that will enable thorough and structured engagement with civic actors in policy making.
As we argued earlier this month, the next five years provide sufficient time for the EU institutions to close these gaps. But if this is to happen, we need public policies that respond to people’s needs for socio-economic security and create more inclusive societies and appropriate participatory processes.
This must start with an EU-wide Civil Society Strategy, an Agreement on Civil Dialogue, and a strong Vice President mandate responsible for civic space and dialogue with civil society, as put forward by the Civil Society for EU campaign.
It’s time for the EU institutions to move beyond words. Over the next five years, we need action.