Commission for Citizenship, Governance, Institutional and External Affairs

Local and regional authorities in the multilevel protection of the rule of law and fundamental rights in the EU

Opinion factsheet

Conteúdo desta página

  • Justice and Home Affairs
  • Fundamental rights

Objective

To highlight the importance of ensuring maximum protection of the fundamental rights at all levels of governance;
To underline the role the local and regional authorities can play in protecting and applying fundamental rights and freedoms at all instances.

Essential points

THE EUROPEAN COMMITTEE OF THE REGIONS:

 wholeheartedly welcomes the Commission framework aiming at protection of the rule of law on the basis of mutual trust between Member States and between them and European citizens;

 believes that the principles of the rule of law and resultant practices are essential for giving concrete form to democracy and safeguarding human rights;

 feels that 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, including a lack of information, capacity, financial resources, administrative options and political impact by involving local and regional authorities in the surveillance and implementation of the principles of the rule of law in the EU;

 points out that local and regional authorities (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 systemic threats to the rule of law at an early stage;

 points out that LRAs are the first authorities to encounter problems when fundamental rights are not properly implemented under national policy. They deal with individuals, groups or "categories" who are the first affected by infringements of rule-of-law principles and restrictions of fundamental rights;

 LRAs have not only a "reactive" responsibility but also an active and dynamic one in giving content to the rule of law according to their own competences with regard not just to civil and political rights, but also to economic and social ones (education, employment, health, welfare and housing);

 encourages LRAs to take specific actions, including fostering public debate, setting up information points, putting in place an alert system, strengthening the capabilities of all stakeholders, etc.;

- makes proposals that aim to contribute to the protection of the rule of law in the EU, such as a general European awareness-raising campaign or concluding a tripartite agreement with the Congress of the Council of Europe and the Fundamental Rights Agency (FRA) based on the EU Framework on fundamental rights proposed by FRA.