Rule of law: EU cities and regions recall their role as guardians of democracy against breaches at national level

Local and regional authorities are first in line when it comes to identifying possible threats to the rule of law at an early stage and in implementing the European Union’s fundamental values in practice. Therefore, it is crucial that they are properly integrated into monitoring and alert systems and are not penalised for breaches committed by national governments. These are the key messages of the opinion that was drafted by Stephen De Ron (LU/Greens), Member of the Hesperange Municipal Council, and adopted by the European Committee of the Regions (CoR) on 2 April.  

Regions and cities argue that European Commission should integrate better the opinions of local and regional authorities in its annual Rule of Law report. Thanks to their proximity to citizens and their responsibility for delivering public services, local and regional authorities act as guardians of democracy and can identify early warning signs of rule of law breaches. However, the CoR opinion points out that they still face budgetary and institutional constraints that could limit their capacity to act.  

The CoR stresses that European funds must remain a lever for democratic stability and for strengthening the rule of law, and calls to apply strict and transparent budgetary conditionality criteria. However, it recalls that regional and local authorities are not responsible for breaches committed at national level and urges to ensure that Member States respect the obligation to implement any programme affected by the suspension of EU funding. To this regard, it suggests to create reporting tools for beneficiaries at regional and local level, and calls on the Commission to launch an analysis of existing financial allocation mechanisms to ensure that funding remains accessible to the local authorities and civil society actors that fully respect the EU’s values. 

To ensure that the rule of law principles are integrated across all EU policy frameworks, regions and cities point out the importance of their full involvement from the policy-making stage, in setting priorities and anticipating regulatory constraints. Furthermore, the CoR suggests setting up of ‘Local Dialogues on the Rule of Law’ to discuss the freedom of the press, the independence of oversight bodies and administrative transparency, and calls to provide targeted support to the local and regional authorities that ensure that democratic principles are actually followed despite multiple pressures, including worrying rise in external interference. There is also a need to invest more in awareness-raising and training for elected representatives, administrative staff, the judiciary and law enforcement officials. 

Quote: 

Rapporteur Stephen De Ron (LU/Greens), Member of the Hesperange Municipal Council: "When the foundations of our democracy are threatened, we must take action. Without the rule of law, trust and justice are lost. If we fail to act now, we risk everything we hold dear."