On 18 March 2024, the Liberties Rule of Law Report 2024 was published on the rule of law across Europe
Democracy and rule of law continued to weaken across Europe in 2023, and restrictions on the right to peaceful protest have increased significantly. That is what is shown by a new report on rule and law and human rights produced by 37 European human rights organisations. Older democracies, for example Sweden and Italy, also show signs of the gradual erosion of rule of law.
The Liberties Rule of Law Report 2024 is the most extensive independent report submitted to the EU. A group of civil liberties groups dedicated to strengthening freedoms and rights reviewed 19 EU countries and their adherence to rule of law and human rights in 2023. The report provides this information to the EU Commission, which annually assesses how EU member states uphold their commitments to rule of law.
According to this year’s report, the rule of law in the EU continued to deteriorate in 2023, as governments further weakened legal and democratic checks and balances. Balazs Denes, Executive Director of the Civil Liberties Union for Europe (Liberties), comments:
“Liberties Rule of Law Report 2024 shows that intentional harm or neglect to fix breaches to the rule of law by governments, if left unaddressed, can evolve into systemic issues over time. The growing far right, building on these abuses, will very quickly dismantle European democracy if the European Commission does not use the tools at its disposal, including infringement proceedings or conditional freezing of EU funds, in a much more assertive way. There is no need to wait until a captive state like Hungary’s emerges with an irremovable anti-democratic regime”.
In 2023, many of us worry that society is becoming more divided and less equal, and we have strong opinions about the choices government makes on our behalf, such as how to treat migrants and refugees, tackle climate crisis, or respond to global conflicts. As elected representatives, we rely on politicians to use the power and resources of their office to address our concerns.
The strength of democracy is determined not by the outcome of governments’ decisions, but the democratic environment in which decisions are made. Liberties’ fifth annual rule of law report evaluates whether governments respect the rule of law structures, such as independent media, free courts, and citizen rights groups, that hold them accountable. The most in-depth ‘shadow reporting’ exercise by an independent civil liberties network covering 19 Member States, our report identifies Europe-wide trends and provides the EU with recommendations to reverse democracy’s downward trajectory.
There was a strong uptick in restrictions on peaceful protest increased in 2023 (Bulgaria, the Czech Republic, Estonia, Germany, Hungary and Sweden), often selectively applied to pro-Palestine and climate protests. The use of surveillance technology at protests persisted (Belgium, France, and the Netherlands) and civil society organisations and human rights defenders were still subject to attacks in almost all countries observed.
Governments continued to pass laws in an accelerated fashion (Bulgaria, Greece and Sweden, Slovakia), largely bypassing input put from citizens groups and resulting in poorer quality legislation. When public consultations with civil society did take place, our members reported that they were symbolic in nature (Bulgaria, Hungary, Ireland or Croatia) or faced deadlines too short to be meaningful (Germany, Slovakia and Slovenia).
Recommendations to the EU
Once authoritarian tendencies become entrenched, they are extremely difficult to reverse. The EU has a range of tools at its disposal and should use them more readily before rule of law violations take root. If violations are blatant and deliberate, infringement proceedings should be initiated without discussion, interim measures requested, and systemic infringement proceedings should follow multiple rule of law violations. Civil society should be given more support in its role fostering rule of law dialogue. The Commission’s annual report should include targeted and specific recommendations for Member States to address rule of law shortcomings, linked to enforcement measures, and we recommend evaluating civic space as a standalone topic and broadening the scope of human rights violations.
This is the fifth annual report on the state of the rule of law, democracy and fundamental rights across the EU.
See previous rule of law reports 2023 2022 2021 2020
https://www.liberties.eu/en/stories/rolreport2024-main/45014
This post was originally published on Hans Thoolen on Human Rights Defenders and their awards.
