The Civil Liberties Union for Europe (Liberties), an established civil liberties network, has recently published the Liberties Rule of Law Report 2024, demonstrating concern over the declining rule of law and a weakening in democratic checks and balances within the European Union.
Based in Berlin, Liberties is a non-governmental organization that actively promotes civil liberties within the EU, encompassing a network of national civil liberty NGOs across the region. A key part of their mandate includes monitoring and upholding democratic principles, as well as the rule of law.
The report, prepared cooperatively by Liberties and its national member and partner organizations, is intended to provide a “shadow report” to the annual rule of law audit performed by the European Commission. The goal is to furnish the Commission with a reliable source of information and analysis from various parties, providing an independent evaluation of the rule of law within the EU.
A range of key areas have been examined in this report, which includes the operational efficiency of justice systems, counter-corruption measures, media freedom and plurality, checks and balances, and human rights defenders, as well as systemic violations of human rights that impact the rule of law.
The report notes a worrying trend among EU governments intentionally weakening legal and democratic controls over political parties in power. Among the highlighted issues are politicized, underfunded, and biased justice systems, lackluster efforts in combating corruption, and threats to media freedom and pluralism.
The comprehensive report further emphasizes the increasing propensity of governments to obstruct citizens and civil societies from exercising their freedom of association and assembly rights. The governments of France, Ireland, Romania, and Sweden have proposed legislation or taken actions that pose a real threat to civil society organizations (CSOs). As examples, the report cites the revocation of charitable status under tax laws in Germany that has significantly strained the finances of two CSOs. Meanwhile, in Slovakia, the government has employed fast-track legislative procedures to completely exclude input from civil society.
Added to these, the report reflects on the rise in restrictions on the right to peaceful assembly in 2023. New bans on peaceful protests have been introduced by numerous countries, often explicitly targeting pro-Palestinian demonstrations. Freedom of expression restrictions have accompanied these bans, such as bans on displaying pro-Palestinian messages or symbols.
While the report acknowledges that violations of the rule of law in established democracies are a serious concern, it emphasizes that these violations have not been systematically employed as yet to undermine the rule of law and democracy across the EU.