Horizontal Analysis

In 2023, civic space continued to shrink in several EU countries. For example, member states have introduced legislation on transparency of foreign funding, in relation to foreign interference, which resembles “foreign agents” laws abroad and is likely to stigmatise civil society.

Attacks through legal harassment, SLAPPs, criminalisation and vilification remain a concern, and structured involvement and dialogue with civil society in policy-making remains weak. Moreover, civil society continued to experience a wide range of funding challenges in 2023, pushing organisations to remain in a starvation cycle.

Despite this, civil society, civic actors and human rights defenders continued to mobilise and push back against democratic backsliding, breaches of the rule of law, and direct attacks on civic freedoms.

Austria – Key Developments

• Significant improvement for the regulatory environment for CSOs but civil dialogue mechanism and participation processes must be systematised.
• Climate activists – in particular the group Letzte Generation – face legal and political pressure.
• Independent journalism is at risk as more and more media outlets struggle financially.

Bulgaria – Key developments

• Foreign Agents Registration Act, similar to Russia’s NGO law, promoted by far-right parties.
• Restrictions on the right to protest for those showing solidarity with Palestine and for LGBTQI people.
• The newly established Council for the Development of the Civil Society barely operational in 2023.

Croatia – Key developments

• SLAPP cases against journalists and some civic actors remain a concern
• Government has failed to deliver National Plan for Creating an Enabling Environment for civil society
• Civil dialogue between government and civil society remains eroded due to ineffective Government council

Czech Republic – Key developments

• Lack of political leadership to institutionalise civic and stakeholder participation.
• Public funding still lacks multi-year funding, consistency in approaches by different public funders and streamlined co-financing and bureaucratic requirements.
• Consolidation of public finances led to unforeseen consequences for governance, addressing the needs of vulnerable people, and for the operating environment for CSOs

Denmark – Key developments

• Some CSOs defending fundamental rights face cuts in public funding while others face challenges with core funding.
• Increase in verbal, physical and online attacks on activists and organisations fighting for non-discrimination and the rights of religious, ethnic, gender and sexual minorities.
• Strict policies and harsh rhetoric from the highest political levels towards migrants, refugees and asylum seekers remain.

Estonia

• Same-sex marriage legalised but harassment, discrimination and hate speech against LGBTIQ+ remains a worrying trend, as draft hate speech legislation is debated in the parliament.
• Many CSOs continue to operate on limited funding relying on voluntary work, participation fees and unsustainable small local government grants.
• Structured civil dialogue with civil society throughout the policy making process remains a challenge.

France – key developments

In 2023, the number and nature of breaches to the rule of law in France intensified, bringing it on a path to systemic failure. The European Civic Forum (ECF) and its member Ligue des droits de l’Homme (LDH) have expressed serious concerns about the French government’s ongoing disregard for the rule of law and civic space. We have highlighted that when concerns are not addressed at an early stage, the situation often further deteriorates. In the French case, the accumulation of multiple and repeated specific attacks over time has resulted in a worrying deterioration. The repeated violations of the right to peaceful assembly, expression, police violence, and the adoption of legal provisions in the migration bill- openly contrary to Constitutional order- are having a serious impact on society. It feeds public demoralisation and doubts in the role of functional institutions in upholding values and principles….

Germany – Key developments

• Freedom of peaceful assembly under pressure: through new laws, decisions by assembly authorities and police action.
• Interference in journalists’ work, far-right intimidation tactics, excessive surveillance, and threats targeting marginalised groups challenge the work of civil society.
• Continued lack of specific forums for dialogue between the state and civil society at federal or state level.

Greece – Key developments

• Criminalisation of solidarity against those working with refugees and asylum seekers remains a concern.
• Strict registration rules and the existence of multiple registries for CSOs continues to hinder their work.
• Surveillance and arbitrary lawsuits against independent journalists a major concern as press freedom is ranked worst in the EU.

Hungary – Key developments

• New foreign influence legislation poses a major threat to civic space.
• Civil society engaged in advocacy or critical of certain government policies subjected to smear campaigns and continuously vilified.
• Limited opportunity for CSOs to engage in civic participation with public institutions and in decision-making.

Latvia – Key developments

• Overall positive environment for civil society.
• More measurements needed for public participation at all levels.
• Adequacy of funding resources a significant constraint to CSO and societal resilience.

Poland – Key developments

• CSOs, journalists and activist remain targeted by SLAPPs.
• Criminalisation of activists assisting refugees and asylum seekers at the Polish/Belarusian border continues.
• Violations on the right to protest an increasing concern.

Romania – Key developments

• Smear campaigns and SLAPPs against journalists and civil society organisations.
• Media independence under pressure and political influence.
• Civil society challenged due to bureaucratic practices, lack of adequate funding and inconsistent legislation.

Slovenia – Key developments

• A vast majority of funds from the NGO fund remain undistributed due to corruption scandal
• Support measures in the Law on NGOs have not been implemented thus hampering an enabling environment
• Online hate speech and smear campaigns from the opposition party against civic actors remain a significant concern.

Spain – Key developments

• Anti-terrorism laws increasingly applied against human rights and environmental defenders in the name of public or national security.
• Police infiltration operations in social movements seriously violates fundamental rights & creates a chilling effect.
• Protesters face arrests, persecution, disproportionate fines, police violence and illtreatment in police custody

Western Balkans – Key developments

• Legislative initiatives aimed at stigmatising CSOs as “foreign agents”.
• LGBTQI+ and gender rights groups face hostilities marked by continuous smear campaigns and attacks on activists.
• Deteriorating relationship between governments and civil society limits CSOs’ involvement in public dialogue and policymaking processes.

Cross-cutting trend: Restrictions on Palestine solidarity

• Disproportionate measures enforced on protests, including pre-emptive banning based on risk to “public order” and “security”
• Protesters subject to intimidation, harassment, and arbitrary detentions
• Legitimate criticism of Israeli authorities conflated with antisemitism and “apology for terrorism”; and used to silence Palestinian and Jewish activists and organisations