Vietējā un reģionālā perspektīva saistībā ar tiesiskuma īstenošanu Eiropas Savienībā
Opinion factsheet
Šajā lapā
- Tieslietas un iekšlietas
Opinion number:
CDR-3434-2024
Status:
Pieņemtie
Objective
Supporting the CoR main priority to bring Europe closer to its people and to reinforce European democracy at all levels of government, increase democratic legitimacy and achieve greater added value, both for the EU's policies and for their effectiveness on the ground, thus providing a benefit to citizens.
Highlighting the rule of law alongside democracy and fundamental rights as founding values of the Union and a core factor for Europe’s political stability and economic prosperity, and promoting these values as pillars of European democracy and foundation for mutual trust between the Member States, between the Member States and the EU institutions, and in particular between citizens and all levels of government.
Contributing to the EU efforts to safeguard democracy and the rule of law by putting forward a systematic approach of what LRAs can contribute to the RoL process and providing recommendations on fundamental issues that are relevant to upholding the principles of rule of law and democracy, such as the integrity of civic spaces (in particular, the cleavage between the duty to foster pluralism, openness, tolerance, debate while at the same time ensuring safety and security), anti-corruption, communication and awareness raising, civic education and engagement, funding, and anything that LRAs can contribute more systematically to the process.
Outlining the role of local and regional authorities and their contribution to the functioning of democracy and democratic institutions as part of the overall checks and balances for the rule of law: LRAs are on the front line, directly facing the challenges and problems that may affect rule of law procedures and thus the enforceability of certain fundamental rights arising from day to day in many fields. The special role of the LRAs comes also from their expertise, which allows them to identify possible systematic threats to the rule of law at an early stage. The principle of multi-level governance makes it possible to address a possible threat of the rule of law in a concrete situation and compensate for a number of shortcomings by involving LRAs in the monitoring and implementation of the principles of the rule of law in the EU.
Highlighting the rule of law alongside democracy and fundamental rights as founding values of the Union and a core factor for Europe’s political stability and economic prosperity, and promoting these values as pillars of European democracy and foundation for mutual trust between the Member States, between the Member States and the EU institutions, and in particular between citizens and all levels of government.
Contributing to the EU efforts to safeguard democracy and the rule of law by putting forward a systematic approach of what LRAs can contribute to the RoL process and providing recommendations on fundamental issues that are relevant to upholding the principles of rule of law and democracy, such as the integrity of civic spaces (in particular, the cleavage between the duty to foster pluralism, openness, tolerance, debate while at the same time ensuring safety and security), anti-corruption, communication and awareness raising, civic education and engagement, funding, and anything that LRAs can contribute more systematically to the process.
Outlining the role of local and regional authorities and their contribution to the functioning of democracy and democratic institutions as part of the overall checks and balances for the rule of law: LRAs are on the front line, directly facing the challenges and problems that may affect rule of law procedures and thus the enforceability of certain fundamental rights arising from day to day in many fields. The special role of the LRAs comes also from their expertise, which allows them to identify possible systematic threats to the rule of law at an early stage. The principle of multi-level governance makes it possible to address a possible threat of the rule of law in a concrete situation and compensate for a number of shortcomings by involving LRAs in the monitoring and implementation of the principles of the rule of law in the EU.
Impact
European Commission position on points of the Committee of the Regions (CoR)
opinion considered as essential:
Point 3 of the Opinion:
Regarding the call to strengthen the implementation of the existing mechanisms to protect the Rule of Law: In recent years, the Commission has strengthened the tools to protect the rule of law in Member States in the ‘rule of law toolbox’, based on three pillars – promotion, prevention and response. An essential tool for prevention is the Commission’s annual Rule of Law Report, which also includes recommendations to Member States. The Commission also has response tools at its disposal, including infringements, and may also make use of the Article 7 Treaty on European Union (TEU) procedure if needed. With the Conditionality Regulation , the Common Provisions Regulation and the National Recovery and Resilience Plans, the Commission can also use financial instruments. These latter instruments have each its own substantial and procedural rules. Their main aim is not to protect the rule of law as such, although they are important also in that respect.
Point 5 of the Opinion:
Regarding the extension of the Rule of Law Report to all candidate countries: In 2024, the Commission opened for the first time the Rule of Law Report to four enlargement countries: Albania, Montenegro, North Macedonia and Serbia. The Commission has selected the four countries on the basis of objective criteria regarding the formal stage of advancement in their respective accession process and the level of preparedness specifically concerning matters related to the rule of law. As announced in President von der Leyen’s political guidelines 2024-2029, other accession countries will be added to the Report as and when they are ready.
Point 9 of the Opinion:
Regarding the integration of the opinions of regional and local authorities in the targeted consultations organised in preparation of the Rule of Law report: The assessment contained in the Rule of Law Report relies on a variety of sources, including input provided by stakeholders, through an open targeted consultation, in which local and regional authorities can also participate. The Commission is pro-actively reaching out to stakeholders to inform them about the consultation process, including to the Committee, for dissemination among their members. For some Member States, the Commission is also meeting with certain local and regional authorities in the context of the country visits in view of their relevant competences for matters covered in the scope of the Report. For the 2024 Rule of Law Report, the Commission received 250 stakeholder contributions, and held more than 650 meetings across all 27 Member States and enlargement countries covered, with around 900 interlocutors, including local and regional authorities – this number has been progressively increasing with every edition of the report. Furthermore, the Commission also engages with local and regional authorities in the follow-up to the Rule of Law Report, in particular in the context of the dedicated national rule of law dialogues.
Points 16, 17 and 18 of the Opinion:
Regarding the application of the Conditionality Regulation and the financial allocations mechanisms: The Conditionality Regulation is not a sanctioning mechanism; it has been designed to protect the Union budget, both in its revenue and expenditure sides, from breaches of the principles of the rule of law in the Member States. Its application requires a sufficiently direct link between the breach of the principles of the rule of law and the Union budget. Moreover, it can only be triggered if no other instrument under EU law can protect the Union budget more effectively. The Conditionality Regulation ensures equal and fair treatment of all Member States, as the conditions for implementation are objective. Member States’ procedural rights are fully safeguarded. A key principle in the application of the Conditionality Regulation is that the final recipients and beneficiaries of EU funding should not be affected by measures taken under the regulation, and should continue to receive the payments to which they are entitled, directly by the Member States concerned. Since its introduction in 2021, it has proven effective by protecting the Union budget and promoting reforms that address rule of law issues in the Member States, as also found by the European Parliament in some of its resolutions and in the European Court of Auditors Special report 03/2024 ‘The rule of law in the EU’ . In addition to its deterrent effect, its application in the case of Hungary led to the adoption of measures to protect the Union budget from rule of law issues linked to irregularities in the areas of public procurement, prosecutorial action, conflict of interest, the fight against corruption, and the ‘public interest trusts’.
The Commission’s clear intention is to enforce the Conditionality Regulation when all of its conditions are fulfilled, including the provisions which protect the final recipients. This includes finding the best solutions, in accordance with all applicable rules, to avoid that recipients are unduly affected, while preserving the instrument’s protective effect. As regards the procedure under the Regulation in the case of Hungary, the Commission is monitoring the situation with regards to final beneficiaries of EU funding in Hungary.
As announced in the roadmap to the next multiannual financial framework (MFF), respect for the rule of law will continue to be a must for EU funds. Compliance with the rule of law will be a prerequisite for receiving support and will have to be ensured throughout the implementation of the EU funds.
Point 22 of the Opinion:
Regarding the setting-up of ʻLocal Dialogues on the Rule of Law’: The Commission encourages stakeholders to discuss the findings of the Report at national level. Together with the Fundamental Rights Agency, the Commission has been supporting such discussion through national Rule of Law Dialogues, which have already taken place in twelve Member States, and other new dialogues will follow. Local and regional authorities are participating in these dialogues. The recognition of the importance of the local and regional dimensions is also highlighted by President von der Leyen in her mission letter to all Commissioners-Designate, where it is stated that, in this new term, the Commission will be more present on the ground, more often and in more regions, and will increasingly engage with representatives from regional or local areas. The Commission is open to hearing the views of the Committee in this matter.
Point 23 of the Opinion:
Regarding education and awareness raising initiatives: One of the Commission’s rule of law policy goals is to foster a true rule of law culture. In the country chapters of the annual Rule of Law Report, the Commission regularly reports on initiatives to promote a rule of law culture led by Member States. The Commission has also launched a communication campaign, which is available in all EU Member States in all official languages. In a series of animations, the campaign shows in simple and accessible terms why the rule of law matters in everyday life, using the metaphor of sports. The importance of communication is also highlighted by President von der Leyen in her mission letter to Commissioner McGrath, where it is stated that the Commissioner will focus on communication and awareness-raising to promote a rule of law culture among European citizens, authorities and all stakeholders.
Common values and civic engagement are central to the Erasmus+ and European Solidarity Corps programmes. The 2025 Action Plan on Basic Skills expands its scope to include citizenship skills for the first time. Furthermore, while respecting the autonomy of EU Member States in organising education, the Commission supports mutual learning and the exchange of good practices in citizenship education, including the promotion of common values through the Working Group on Equality and Values in Education and Training. In 2024, the Working Group produced a paper on the importance of Citizenship Education addressed to policymakers at all levels across the EU, as well as to education practitioners, stakeholders and individuals interested in citizenship education, promoting EU values and European dimension of teaching. Citizenship education is the theme for both the 2025 eTwinning activities and the European Innovative Teaching Award .
Point 31 of the Opinion:
Regarding strengthening the role of local and regional governance in the EU rule of law instruments: In 2024, together with the Committee and the Belgian Presidency of the Council, the Commission co-organised a Direct Dialogue on the Rule of Law at the local level with the EU Capital Cities, where important reflections on challenges and avenues for improvement for the rule of law at local level were started, and where the local dimension of the four pillars of the Commission’s Annual Rule of Law Report were discussed. The added value of this Dialogue was reflected in the chapeau Communication of the 2024 Rule of Law Report . The Commission is open to continuing these reflections and to further dialogues with EU Capital Cities, notably those of Member States holding the Council Presidency in the future, and to hearing the views of the Committee of the Regions in this matter.
opinion considered as essential:
Point 3 of the Opinion:
Regarding the call to strengthen the implementation of the existing mechanisms to protect the Rule of Law: In recent years, the Commission has strengthened the tools to protect the rule of law in Member States in the ‘rule of law toolbox’, based on three pillars – promotion, prevention and response. An essential tool for prevention is the Commission’s annual Rule of Law Report, which also includes recommendations to Member States. The Commission also has response tools at its disposal, including infringements, and may also make use of the Article 7 Treaty on European Union (TEU) procedure if needed. With the Conditionality Regulation , the Common Provisions Regulation and the National Recovery and Resilience Plans, the Commission can also use financial instruments. These latter instruments have each its own substantial and procedural rules. Their main aim is not to protect the rule of law as such, although they are important also in that respect.
Point 5 of the Opinion:
Regarding the extension of the Rule of Law Report to all candidate countries: In 2024, the Commission opened for the first time the Rule of Law Report to four enlargement countries: Albania, Montenegro, North Macedonia and Serbia. The Commission has selected the four countries on the basis of objective criteria regarding the formal stage of advancement in their respective accession process and the level of preparedness specifically concerning matters related to the rule of law. As announced in President von der Leyen’s political guidelines 2024-2029, other accession countries will be added to the Report as and when they are ready.
Point 9 of the Opinion:
Regarding the integration of the opinions of regional and local authorities in the targeted consultations organised in preparation of the Rule of Law report: The assessment contained in the Rule of Law Report relies on a variety of sources, including input provided by stakeholders, through an open targeted consultation, in which local and regional authorities can also participate. The Commission is pro-actively reaching out to stakeholders to inform them about the consultation process, including to the Committee, for dissemination among their members. For some Member States, the Commission is also meeting with certain local and regional authorities in the context of the country visits in view of their relevant competences for matters covered in the scope of the Report. For the 2024 Rule of Law Report, the Commission received 250 stakeholder contributions, and held more than 650 meetings across all 27 Member States and enlargement countries covered, with around 900 interlocutors, including local and regional authorities – this number has been progressively increasing with every edition of the report. Furthermore, the Commission also engages with local and regional authorities in the follow-up to the Rule of Law Report, in particular in the context of the dedicated national rule of law dialogues.
Points 16, 17 and 18 of the Opinion:
Regarding the application of the Conditionality Regulation and the financial allocations mechanisms: The Conditionality Regulation is not a sanctioning mechanism; it has been designed to protect the Union budget, both in its revenue and expenditure sides, from breaches of the principles of the rule of law in the Member States. Its application requires a sufficiently direct link between the breach of the principles of the rule of law and the Union budget. Moreover, it can only be triggered if no other instrument under EU law can protect the Union budget more effectively. The Conditionality Regulation ensures equal and fair treatment of all Member States, as the conditions for implementation are objective. Member States’ procedural rights are fully safeguarded. A key principle in the application of the Conditionality Regulation is that the final recipients and beneficiaries of EU funding should not be affected by measures taken under the regulation, and should continue to receive the payments to which they are entitled, directly by the Member States concerned. Since its introduction in 2021, it has proven effective by protecting the Union budget and promoting reforms that address rule of law issues in the Member States, as also found by the European Parliament in some of its resolutions and in the European Court of Auditors Special report 03/2024 ‘The rule of law in the EU’ . In addition to its deterrent effect, its application in the case of Hungary led to the adoption of measures to protect the Union budget from rule of law issues linked to irregularities in the areas of public procurement, prosecutorial action, conflict of interest, the fight against corruption, and the ‘public interest trusts’.
The Commission’s clear intention is to enforce the Conditionality Regulation when all of its conditions are fulfilled, including the provisions which protect the final recipients. This includes finding the best solutions, in accordance with all applicable rules, to avoid that recipients are unduly affected, while preserving the instrument’s protective effect. As regards the procedure under the Regulation in the case of Hungary, the Commission is monitoring the situation with regards to final beneficiaries of EU funding in Hungary.
As announced in the roadmap to the next multiannual financial framework (MFF), respect for the rule of law will continue to be a must for EU funds. Compliance with the rule of law will be a prerequisite for receiving support and will have to be ensured throughout the implementation of the EU funds.
Point 22 of the Opinion:
Regarding the setting-up of ʻLocal Dialogues on the Rule of Law’: The Commission encourages stakeholders to discuss the findings of the Report at national level. Together with the Fundamental Rights Agency, the Commission has been supporting such discussion through national Rule of Law Dialogues, which have already taken place in twelve Member States, and other new dialogues will follow. Local and regional authorities are participating in these dialogues. The recognition of the importance of the local and regional dimensions is also highlighted by President von der Leyen in her mission letter to all Commissioners-Designate, where it is stated that, in this new term, the Commission will be more present on the ground, more often and in more regions, and will increasingly engage with representatives from regional or local areas. The Commission is open to hearing the views of the Committee in this matter.
Point 23 of the Opinion:
Regarding education and awareness raising initiatives: One of the Commission’s rule of law policy goals is to foster a true rule of law culture. In the country chapters of the annual Rule of Law Report, the Commission regularly reports on initiatives to promote a rule of law culture led by Member States. The Commission has also launched a communication campaign, which is available in all EU Member States in all official languages. In a series of animations, the campaign shows in simple and accessible terms why the rule of law matters in everyday life, using the metaphor of sports. The importance of communication is also highlighted by President von der Leyen in her mission letter to Commissioner McGrath, where it is stated that the Commissioner will focus on communication and awareness-raising to promote a rule of law culture among European citizens, authorities and all stakeholders.
Common values and civic engagement are central to the Erasmus+ and European Solidarity Corps programmes. The 2025 Action Plan on Basic Skills expands its scope to include citizenship skills for the first time. Furthermore, while respecting the autonomy of EU Member States in organising education, the Commission supports mutual learning and the exchange of good practices in citizenship education, including the promotion of common values through the Working Group on Equality and Values in Education and Training. In 2024, the Working Group produced a paper on the importance of Citizenship Education addressed to policymakers at all levels across the EU, as well as to education practitioners, stakeholders and individuals interested in citizenship education, promoting EU values and European dimension of teaching. Citizenship education is the theme for both the 2025 eTwinning activities and the European Innovative Teaching Award .
Point 31 of the Opinion:
Regarding strengthening the role of local and regional governance in the EU rule of law instruments: In 2024, together with the Committee and the Belgian Presidency of the Council, the Commission co-organised a Direct Dialogue on the Rule of Law at the local level with the EU Capital Cities, where important reflections on challenges and avenues for improvement for the rule of law at local level were started, and where the local dimension of the four pillars of the Commission’s Annual Rule of Law Report were discussed. The added value of this Dialogue was reflected in the chapeau Communication of the 2024 Rule of Law Report . The Commission is open to continuing these reflections and to further dialogues with EU Capital Cities, notably those of Member States holding the Council Presidency in the future, and to hearing the views of the Committee of the Regions in this matter.
Essential points
THE EUROPEAN COMMITTEE OF THE REGIONS (CoR)
- reiterates that the rule of law remains the cornerstone of the European project;
- highlights that local and regional authorities (LRAs) are first in line when it comes to identifying possible threats to the rule of law at an early stage, notes that it is essential to ensure that LRAs are properly integrated into the rule of law monitoring and alert systems and encourages the Commission to integrate better the opinions of LRAs in the targeted consultations organised in preparation of the Rule of Law report;
- notes that transparent budgetary conditionality criteria must be applied, while ensuring that such criteria are targeted, proportionate and fair so that LRAs engaged in exemplary democratic governance are not penalised;
- calls on the Commission to implement the current legislative framework as strictly as possible, specifically the obligations of Member States to implement the programme affected by the suspension, and underlines the need to protect the beneficiaries in cases where Member States do not respect this obligation. Calls for the creation of tools allowing beneficiaries at regional and local level to report to the Commission cases where Member States breach their obligations;
- calls on the Commission to launch an analysis of existing financial allocation mechanisms to ensure that funding remains accessible to LRAs and civil society actors that fully respect the EU’s values;
- calls for establishing a more direct link between the European level and the realities on the ground and proposes the setting up of ‘Local Dialogues on the Rule of Law’;
- calls for a reflection on mechanisms to evaluate and strengthen the role of local and regional governance within the EU framework of the rule of law by focusing on identifying and exchanging best practices in the areas of transparency, citizen participation, anti-corruption efforts and the respect of fundamental rights. The results should contribute directly to the Annual Report on the Rule of Law;
- welcomes the extension of the scope of the annual report on the rule of law to the candidate countries Albania, Montenegro, North Macedonia and Serbia, and invites the Commission to extend the report to all candidate countries.