EUROPEAN COMMISSION Brussels, 6.12.2022 COM(2022) 716 final REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS A thriving civic space for upholding fundamental rights in the EU

2022 Annual Report on the Application of the EU Charter of Fundamental Rights



A thriving civic space for upholding fundamental rights in the EU 2022 Annual Report on the Application of the

EU Charter of Fundamental Rights Table of contents 1. Introduction 2. The crucial role of civil society organisations and rights defenders 3. Protecting CSOs and rights defenders 4. Supporting CSOs and rights defenders 5. Empowering CSOs and rights defenders 6. Conclusion



1.Introduction The Charter of Fundamental Rights of the European Union (‘the Charter’) brings together a broad range of fundamental rights and reaffirms that the EU is built on the values of fundamental rights, democracy and the rule of law. Its binding nature has enabled the EU legal order to develop into a beacon of fundamental rights protection. When does the Charter apply? Since 2009, the Charter has the same legal status as the Treaties, the primary EU law on which EU legislation is based. European institutions must comply with it in all their activities, and Member States must comply with it when they implement EU law. Member States implement EU law including when they: - give effect to EU legislation by adopting national implementing measures; - adopt laws on a matter where EU law imposes concrete obligations or allows for its derogation; - implement EU provisions when spending money from EU funding programmes; Member States must ensure that EU funds are spent in line with the rules in the legislation on which the funding is based. To improve the application of the Charter and increase the public’s knowledge about it, the European Commission presented in 2020 the strategy to strengthen the application of the Charter of Fundamental Rights (‘Charter strategy’). As set out in the Charter strategy, the Commission is now taking a thematic approach to its annual Charter reports to highlight some of the most pressing issues on fundamental rights and the application of the Charter in the chosen areas.

Progress in implementing the Charter strategy -The Commission adopted the 2021 annual report on the application of the Charter dedicated to the protection of fundamental rights in the digital age. -So far 22 Member States nominated a Charter focal point to foster cooperation and promote effective application of the Charter; the focal points met in June 2022 for the first time. -Over 400 Member States’ financial programmes were assessed to guarantee that effective arrangements are put in place to ensure the Charter is respected when implementing the EU funds concerned (‘horizontal enabling condition’ on the effective application and implementation of the Charter). -The Citizens, Equality, Rights and Values (CERV) programme, during its first 2 years, has supported almost 600 projects with around EUR 260 million, promoting EU values and combating hatred, discrimination and intolerance in the EU, and the Justice programme is also funding projects to train justice professionals on fundamental rights. -As underlined in its Communication on Enforcing EU law for a Europe that delivers, the Commission has stepped up its work to promote and uphold people’s rights, fundamental freedoms and the rule of law through infringement proceedings. -The Commission boosted its collaborative approach with Member States on specific areas covered by the Charter, such as the fight against racism and discrimination, hate speech and hate crime. -Charter training and materials are available on the new European Training Platform of the European e-Justice Portal, and the Commission is also developing training to help staff of EU institutions apply the Charter effectively in their daily work. -15 Member States so far have made their best practices on use and awareness of the Charter available on the European e-Justice Portal and are also updating the information on the Fundamental Rights Information Tool. -The European Union Agency for Fundamental Rights (FRA) has further updated its Charterpedia database and developed new online courses focused on the field of application of the Charter. -To strengthen people’s awareness of their rights under the Charter, the Commission launched the #RightHereRightNow campaign in 2021. Information on the Charter is also provided through ‘Your rights in the EU’ on the European e-Justice Portal and on Europa. In the Charter strategy, the Commission committed to supporting an enabling environment for civil society actors and taking action against measures that breach EU law including the Charter when these affect civil society organisations. The Charter strategy also highlighted the importance of setting up and maintaining strong and independent national human rights institutions (NHRIs). This is why the focus of the 2022 report is the civic space and its role in protecting and promoting the fundamental rights under the Charter. Civil society organisations (CSOs) and rights defenders are essential in our constitutional democratic societies to bring life to and protect the values and rights enshrined in Article 2 of the Treaty on European Union (TEU) and in the Charter. They provide their expertise to the policymaking and legislative work of national authorities and EU institutions and help ensure that these bodies are held accountable for respecting fundamental rights and the rule of law. As this report will show, Member States and the EU have, to varying degrees, taken measures to protect, support and empower civil society actors, providing them with a range of opportunities to co-operate. However, in recent years, CSOs and rights defenders have also increasingly faced challenges linked to the narrowing of civic space. Various legal, administrative and political measures have gradually limited their fundamental freedoms, affecting their ability to carry out activities supporting fundamental rights as strategic partners for the EU and Member States. Despite these challenges, CSOs and rights defenders show considerable resilience in continuing their work. In some Member States, they have played an essential role during the COVID-19 pandemic and in Russia’s war of aggression against Ukraine and have been at the frontline of ensuring that individuals’ needs are understood, communicated, met and their rights defended. The importance of CSOs and rights defenders in times of crisis During the COVID-19 pandemic, CSOs and rights defenders advocated transparent and proportionate measures to address the health emergency and in certain Member States provided essential assistance to those affected . CSOs have been playing a key role fighting disinformation in emergencies, in cooperation with the EU, European fact-checking organisations and public institutions in Member States. Since the outbreak of Russia’s war of aggression against Ukraine, CSOs and rights defenders have mobilised reception of and support for internally displaced people in Ukraine and those that have fled to the Member States . They established a dedicated service to connect missing children fleeing the conflict with their families and guardians . They have also been working on sharing best practices regarding guardianship for unaccompanied and separated children arriving in the EU from Ukraine. To facilitate information sharing and the coordination of initiatives among civil society actors, the Commission set up a dedicated health stakeholders’ network named “Supporting Ukraine, EU neighbouring Member States and Moldova” on the EU Health Policy Platform. CSOs have also played a significant role in documenting atrocities, examining indications of international crimes and forced deportations of Ukrainian citizens to Russia. They have also been conducting capacity building for the Ukrainian law enforcement and justice systems to enable the investigation and prosecution of alleged war crimes and crimes against humanity in view of the large numbers of reported cases . In the context of both crises, CSOs have been instrumental in relaying from the ground the extra hardships experienced by specific groups, like women, children, persons with disabilities, LGBTIQ people, Roma, and older persons, and have therefore contributed to informed decisions on how to best tackle their specific needs. This report comes at a critical time for the EU’s civic space. It is part of the Commission’s efforts to acknowledge the contribution played by CSOs and rights defenders in upholding the EU’s fundamental values and its commitment to support their work, both in its internal and external action. In a Union built on fundamental rights, the rule of law and democracy, civil society actors play a crucial role in promoting and protecting the fundamental rights under the Charter and help ensuring that the Charter is properly applied. In this way, it complements the annual rule of law reports , the European democracy action plan, the EU Justice Scoreboard, and the work of the European Union Agency for Fundamental Rights (FRA) on civic space. The report reaffirms that CSOs and rights defenders should be able to work in an environment where their own fundamental rights are respected and presents examples of how this is achieved or challenged at EU and national level. The report responds to calls for further action by the EU, including those made as part of the Conference on the Future of Europe. What information is this report based on? The report relies on a qualitative assessment of the results of consultations carried out by the Commission and analysed by the Fundamental Rights Agency, and of other sources, including: -four targeted consultations with: (i) Member States; (ii) six umbrella organisations of European CSOs working in the area of fundamental rights; (iii) two international organisations; and (iv) the European Network of National Human Rights Institutions (ENNHRI) and the European Network of Equality Bodies (Equinet); -an online consultation with 150 CSOs through the Fundamental Rights Agency’s civil society network, the Fundamental Rights Platform; -contributions received when preparing other Commission reports, such as the annual rule of law report; -reports from other EU institutions and agencies, in particular those from the Fundamental Rights Agency focusing on civic space, and from international organisations. The examples in this report are chosen to show significant developments in recent years and present both challenges and positive aspects identified by stakeholders in Member States. The examples and descriptions of national measures and initiatives are non-exhaustive and included for illustrative purposes only. The summary reports of the consultations and individual contributions present additional measures and initiatives. The topics in each chapter (dedicated to protecting, supporting and empowering civil society) were chosen as key interdependent indicators of an enabling environment for civil society. 2.The crucial role of civil society organisations and rights defenders CSOs and rights defenders carry out many activities in Member States and at EU level. Being a diverse group, CSOs range from having broad fundamental rights-related mandates to providing specialised expertise or support regarding certain rights. They may conduct nationwide activities or have a regional or local remit. They may also carry out a wide range of activities or only focus on certain work such as advocacy or service provision tailored to the needs of their members or beneficiaries. Equally important, NHRIs, equality bodies and ombuds institutions also contribute to activities implementing EU law and policy in many ways. Raising awareness CSOs and rights defenders raise awareness, inform, educate and train the public, specific groups and Member State authorities on fundamental rights and their enforcement, democratic decision-making, and the rule of law. By doing this, CSOs and rights defenders promote a culture of rights and democratic accountability in the EU. For example, in Croatia, the Ombudsperson trains civil servants and judges on the Charter. This includes the obligations arising from the Charter, as well as its potential use in campaigns, advocacy activities and supporting victims of human rights violations. In Lithuania, CSOs have recently organised an interactive international event to raise awareness among young people about hate speech and its consequences on society and train and encourage them to develop skills to counter it. In addition, CSOs and rights defenders provide information on matters potentially affecting the public and the methods through which people can participate in democratic decision-making processes. Civil society actors mobilise people to publicly express their views through demonstrations, petitions, referenda and citizens’ panels. They can build up awareness and jointly advocate policies and legislation beyond the borders of single Member States, conveying valuable knowledge from national level to EU or international decision-makers and vice versa.

Monitoring CSOs and rights defenders monitor how fundamental rights are respected on the ground and have an important watchdog function. They are often the first to receive information about the effects of legislative and policy measures, and so they are well placed to make suggestions on how existing measures could be further developed. They gain first-hand information on potential rights’ violations. For example, in Ireland, CSOs have a recognised official role in overseeing the implementation of national equality strategies on migration, gender equality, Traveller and Roma rights, LGBTIQ inclusion and rights of persons with disabilities. In Romania, during the pandemic, the Ombudsperson assessed the impact of national measures on fundamental rights and issued a recommendation on the observance of human rights and the exceptional measures ordered during the period of the state of emergency and state of alert. In several Member States, CSOs and rights defenders contribute significantly to international human rights bodies’ regular country-monitoring procedures. Supporting rights holders CSOs and rights defenders support rights holders and victims of fundamental rights violations in explaining, defending and enforcing their rights. They do this by gathering and providing information, investigating alleged violations and reporting to national, regional and international monitoring bodies. They may assist victims of violations in seeking judicial or non-judicial remedies, offer legal assistance or engage in strategic litigation. CSOs and rights defenders may carry out similar activities internationally and assist individual complainants in informing human rights monitoring bodies about causes of concern. For example, the Belgian equality body litigates on behalf of employees alleged to have been discriminated against on the basis of sex and in Slovenia, the Ombudsperson can file constitutional complaints on violations of fundamental rights in individual cases. In the Netherlands, court proceedings were initiated by a coalition of CSOs and private individuals alleging a violation of Articles 7 and 8 of the Charter on respect for private and family life and protection of personal data and challenging the lawfulness of a legal instrument to detect fraud. CSOs and rights defenders furthermore support rights holders by providing services to individuals. They may supplement services provided by national, regional or local authorities or be mandated to provide services on behalf of the state. For example, in Sweden, non-profit women’s shelters offer accommodation and rehabilitation for victims of gender-based violence and trafficking in human beings, while other CSOs support asylum seekers and individuals with discrimination claims. In Czechia, CSOs worked together to establish two dedicated support centres for victims of illegal sterilisation. Advocating CSOs and rights defenders also contribute to democratic decision-making by advocating fundamental rights in legislation or policymaking. Consultation activities may take place through structured arrangements or on CSOs and rights defenders’ own initiative and offer people the opportunity to directly participate in decision-making in matters affecting them. Certain CSOs and rights defenders also support the democratic participation of vulnerable groups. For example, in Belgium, civil society representatives participate in the Brussels Advisory Council for the Disabled and the Brussels Council for Equality between Men and Women (both set up by the government), which can give opinions on legislative proposals. In France, CSOs are represented in the Commission Nationale consultative des Droits de l’Homme, which submits annual reports to the government on different matters, including combatting racism, xenophobia and antisemitism, trafficking in human beings and LGBTIQ discrimination. Various Member States involve CSOs and rights defenders in implementing open government action plans to promote transparency, accountability, participation, public integrity and collaboration in society. Supporting how EU legislation is applied EU law often explicitly entrusts CSOs with tasks that are crucial for effective implementation of legislation on the ground. For example, the Consumer Protection Cooperation Regulation grants consumer organisations the right to notify authorities about abuses of EU consumer protection law. The Employment Equality Directive requires Member States to provide that CSOs may, under certain conditions, engage in relevant judicial and administrative procedures either on behalf or in support of the complainant. The amended Aarhus Regulation boosts the right of environmental organisations to request EU institutions and bodies to review their decisions to ensure compliance with EU environmental law . The amendment significantly broadened the number and types of decisions that can be challenged. Similarly, the proposal for a directive on corporate sustainability due diligence provides for the right of organisations to submit complaints directly to a company when that company’s operations or value chains may harm human rights or the environment. The Victims’ Rights Directive provides for support services to be set up as a public service or by CSOs . Similarly, when providing support services to victims of terrorism under the Counterterrorism Directive , many Member States combine services provided directly by the state with those provided by CSOs . The proposal for a directive on combating violence against women and domestic violence also confirms that specialist support to victims of such violence may be provided by CSOs. It also proposes obliging Member States to consult CSOs on support services, policymaking, providing information and raising awareness, research and education programmes, training, and monitoring. Article 4(3) of the United Nations Convention on the Rights of Persons with Disabilities, to which the EU is party, requires that persons with disabilities are closely consulted on policies that concern them through their representative organisations. For passenger rights, EU law requires that these organisations are also consulted when airports, ship and port terminal operators adopt standards on passengers with disabilities and when rail, ship, bus and coach operators adopt rules on non-discriminatory access to services. The General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED) establish that, in case of unlawful processing of personal data, a non-profit body, organisation, or association can be mandated the right to lodge a complaint before the competent supervisory authority and national court. The Digital Services Act Regulation (DSA) recognises the importance of civil society in effectively dealing with illegal online content while ensuring respect for fundamental rights and in scrutinising the robust transparency measures digital services will have to take once the regulation enters into force. The DSA also recognises the need to take into account the in-depth knowledge that civil society brings on societal risks and encourages very large online platforms and search engines to consult civil society when complying with their risk management obligations. Equality bodies play a crucial role in implementing EU equal treatment legislation. To aid them in this role, the Commission will adopt proposals for legislation to extend the mandate, strengthen the powers, resources and independence of equality bodies for the promotion of equal treatment. In addition to tasks attributed to CSOs and rights defenders in EU legislation, CSOs contribute to the effectiveness of EU policies. Under the 2016 EU Code of conduct on countering illegal hate speech online, a network of CSOs monitors the implementation of commitments made by online platforms, contributing to protecting groups at risk from hate speech across the EU. Similarly, the EU Internet Forum brings representatives from governments, law enforcement, technology industry and civil society together to curb the dissemination of violent extremist, terrorist and child sexual abuse content. Since 2022, the Forum also addresses the online dimension of trafficking in human beings. The Commission also coordinates the Radicalisation Awareness Network, a European network of frontline practitioners who work daily with those vulnerable to radicalisation and those who have already been radicalised. The EU Anti-Racism Action Plan 2020-2025 encourages Member States to involve CSOs in the design, implementation and evaluation of the national action plans against racism. 3.Protecting CSOs and rights defenders CSOs and rights defenders promote and protect the rights under the Charter on the ground and must be able to work in a supportive environment, where their own fundamental rights are respected in the first place. They must be able to pursue their activities without unjustified interference by the state, and states must actively take steps to protect and promote civic space and those active within it. While most Member States already ensure this, CSOs and rights defenders still report a range of challenges, obstacles and restrictions in certain Member States that have limited their ability to carry out their activities. The scope of their activities is often affected by budgetary, human resource, or legal constraints.

Feedback from consultation In the consultation conducted to prepare this report, 61% of CSOs responding to it reported that they have faced obstacles that limit their ‘safe space’. More specifically, 44% of them have been subjected to verbal attacks and harassment, intimidation, negative narratives, or smear or disinformation campaigns. Other obstacles encountered included digital attacks (19%), criminalisation of humanitarian or fundamental rights work (18%), administrative harassment (15%), physical attacks on people and property (15%), breaches of data protection (14%), surveillance (12%), obstacles related to the ethical use of technology or artificial intelligence (9%) and strategic lawsuits against public participation (SLAPPs) (7%). Those particularly affected work on women’s and sexual and reproductive rights, LGBTIQ rights, migrants and asylum seekers’ rights and environmental protection. Rights defenders, such as NHRIs, are affected by similar challenges. As reported by FRA, a ‘significant number of employees and volunteers had been subjected to threats or harassment (verbal or written, including online) in relation to their work for their NHRI’. In some Member States, NHRIs faced obstacles to their independence and to secure adequate resources and fulfilling their broad mandate. This is also the case for Ombudspersons. Equality bodies also reported an increasingly challenging environment due to less social consensus on equality issues and illegal discriminatory statements being considered acceptable. External pressure and inadequate staffing have led to some reported cases of equality bodies lacking independence and effectiveness. 3.1.Examples of how Member States protect the civic space An enabling environment is essential for CSOs and rights defenders to carry out their work and safeguard their right to association. In many Member States, they are supported and encouraged in their work and legally protected. In recent years, several positive developments have taken place across the EU to foster this enabling environment for CSOs and rights defenders, and certain Member States are implementing legislative and institutional changes. For example, Croatia and Germany are preparing national action plans to improve the situation for CSOs. In Slovenia, a law on non-governmental organisations aims to provide an enabling environment for CSOs. In other Member States, such as Bulgaria and Lithuania, special government bodies are tasked with developing policies to support civil society. In Finland, the government’s Advisory Board on Civil Society Policy has developed a civil society strategy. In some Member States, however, CSOs and rights defenders raised concerns about their freedom of association being affected by legislation notably on public order or security, concerns which in some cases have been raised before the courts. Additional hurdles reported by stakeholders relate to transparency , counterterrorism and anti-money laundering laws . Other obstructions reported by civil society include dissuasive measures, such as audits and funding investigations, and obstacles to access funding. In most Member States, there are no special procedures in place to report and monitor threats and attacks. As a result, CSOs and rights defenders themselves play an essential role in monitoring and reporting on civic space. For example, the Slovak National Centre for Human Rights has documented threats, intimidation, harassment and restrictions of rights experienced by civil society working in environmental protection, LGBTIQ rights and women’s rights, including sexual and reproductive health and rights. In Finland, a CSO developed the tool ‘Together Against Hate’ to collect data on threats or attacks against CSOs and rights defenders. In addition, the online research platform CIVICUS monitor tracks civil society freedom in 197 countries and territories, and Civic Space Watch collects findings from groups in Europe on civil society conditions and identifies national and trans-European trends. To address physical and online attacks against CSOs and rights defenders in France, the Ministry for Interior monitors reports of unlawful acts against these groups and can put in place appropriate measures through its Protection Service. Luxembourg and the Netherlands have implemented projects that allow foreign rights defenders, who are under threat or pressure in their own country, to stay in safety for up to 3 months. Sweden has adopted a national action plan to address threats and hatred against, among others, CSOs and rights defenders. NHRIs and equality bodies also work to promote a safe and enabling environment for CSOs at national level. NHRIs work closely with CSOs, for example, by training them and helping with their capacity building. In Greece, the National Commission for Human Rights advocated adopting a legislative proposal to protect rights defenders from attacks, reprisals and restrictions to their rights. 3.2.EU initiatives to protect civic space The EU has taken a number of steps to protect CSOs and rights defenders. Tools developed to foster and protect democracy, the rule of law, and fundamental rights aim to create, sustain and protect an enabling environment for CSOs and rights defenders. In particular, the Commission’s annual Rule of Law Report as part of its fourth pillar, which covers institutional checks and balances, includes an assessment of the civic space situation in all Member States, acknowledges that ‘civil society [also] plays a key role in the system of checks and balances’ and examines developments related to the framework enabling civil society. In 2022, the Rule of Law Report issued recommendations to Member States, including on the civic space situation in some cases. The Commission’s 2022 anti-SLAPP initiative introduces concrete measures to protect actors engaging in public participation from manifestly unfounded or abusive court proceedings and will therefore contribute to a safe and enabling environment for CSOs and rights defenders. The proposal for a new environmental crime directive confirms that people, including CSO members, who report environmental criminal offences should benefit from the necessary support and assistance in any criminal proceedings. Environmental defenders are also covered by the proposed anti-SLAPP directive and Recommendation, in line with the requirements of the Aarhus Convention. The proposed European media freedom act will improve the functioning of the internal market for media by increasing transparency and addressing market distortions, thereby also enhancing media freedom and pluralism in all Member States and will guarantee that journalists and editors can work without interference. Similarly, the Commission recommendation on ensuring the protection, safety and empowerment of journalists and other media professionals aims to ensure safer working conditions for media professionals, whether online or offline. Prompted by the European Parliament, the Commission is also working on a legislative initiative on the cross-border recognition of associations in the EU. This initiative will focus on associations’ cross-borders activities, enabling them to fully benefit from the single market and their fundamental rights under the Charter. In addition to legal measures, the Commission protects CSOs and rights defenders by taking enforcement action against measures affecting them that are contrary to EU law, including the Charter. The Commission initiated two infringement proceedings against Hungary over a law on foreign funding for civil society and a bill criminalising aid to asylum seekers. The judgments of the Court of Justice of the European Union (CJEU) in these two cases have set a precedent against similar legislation and highlight the key role of the Court in protecting civic space and fundamental rights in the EU. The EU’s commitment to contribute to protecting and enabling civic space is also reflected in its external action, including in the EU action plan on human rights and democracy (2020-2024). It is also outlined in the EU guidelines on human rights defenders. Since 2015, the Commission has supported mechanisms to protect human rights defenders most at risk. The EU Emergency Fund for Human Rights Defenders through small grants provides support to human rights defenders. ProtectDefenders.eu is a coalition of CSOs operating internationally to receive, process and respond to requests for support from human rights defenders. It provides a permanent flexible service to design support, ranging from capacity building and legal and security advice to relocation and shelter services. The Human Rights Crises Facility provides grants to CSOs with the aim of ensuring the survival of human rights movements in the most repressive operating environments. The Commission also funded the development of the CSO Meter. This assesses the openness of the civil society environment in the Eastern Partnership countries under its European Neighbourhood Instrument. To protect civic space, the EU has developed a close cooperation and dialogue with international organisations. In particular, the EU makes full use of the standards and knowledge developed by the Council of Europe and its monitoring bodies. The Committee of Ministers of the Council of Europe has adopted three non-binding instruments on civic space. The intergovernmental Steering Committee on Human Rights examines the impact of national legislation, policies and practices on the activities of CSOs and rights defenders, and identifies best practices to promote and protect civic space. The Expert Council on NGO Law follows the implementation of a recommendation on NGOs’ legal status and advises on how to bring national law and practice in line with European standards. In addition, the Safety of Journalists Platform tracks attacks against journalists, indicating whether they were initiated by state or non-state actors and the gravity of the attacks.

The United Nations is also a key partner, in particular its monitoring mechanisms that focus on addressing attacks, harassment, criminalisation and smear campaigns that have affected civil society across the world over the past years, including in the EU. Cooperation with the Organization for Security and Co-operation in Europe (OSCE)’s Office for Democratic Institutions and Human Rights (ODIHR) is also crucial. ODIHR helps national authorities fulfil their commitments to protect human rights defenders by monitoring their ability to operate and building capacity through education and training on human rights. 4.Supporting CSOs and rights defenders Access to financial resources and the freedom to use them are integral parts of the right to freedom of association . CSOs and rights defenders need sufficient financial resources to carry out their missions effectively. Several Member States report that they have increased financial support to CSOs in general and to compensate the impact of the COVID-19 pandemic ; international donors and the EU have significantly supplemented these efforts in recent years. However, across the EU, CSOs and rights defenders struggle to fund their specific activities, which is a trend aggravated by the pandemic and the current cost of living crisis , notably for advocacy and watchdog functions. Feedback from consultation In the consultation carried out to prepare this report, CSOs and rights defenders identified lack of funding as one of the main challenges to their work and reported that, in many Member States, there are few funding opportunities, in particular for work on the rule of law, democracy and fundamental rights . The online consultation showed that almost half the responding organisations (49%) reported obstacles under the financing framework. In particular, 40% reported barriers to funding. A smaller percentage of organisations (less than 15%) referred to obstacles concerning charitable statuses, foreign funding, tax regimes, accounting and auditing corruption, and restrictions on online fundraising. 4.1.Examples of how Member States support civil society actors A core source of funding and resources for CSOs and rights defenders comes from Member States. All Member States disburse public funding for CSOs at national, regional and local levels, and many different funding programmes are available. For example, CSO funds in Estonia , Latvia , Lithuania , and Malta provide institutional support to CSOs’ capacity building. In Finland, CSOs receive state funding from various sources, including revenue from a state-owned company operating in the regulated gambling market . In some Member States, such as Denmark, the Netherlands, and Sweden, public funding is available for fundamental rights advocacy . Several Member States also offer funding to cover CSOs’ administrative and infrastructure costs to some extent. Some Member States also provide favourable taxation systems for donations to CSOs , which encourage private donations. Most Member States allow CSOs to receive subsidies, grants and donations tax-free. For example, in Italy, donations to CSOs are tax-deductible, and in Czechia, CSOs are exempt from income tax, road tax and real estate tax when costs are for organisational purposes. Even when funding is available, CSOs and rights defenders report obstacles in accessing such funding, including complex, burdensome and not always transparent application or reporting procedures and eligibility criteria and the high demand for available funding . An additional challenge reported by CSOs is short-term project funding, which is gradually replacing longer-term funding or funding for administrative expenditure . Several Member States are working to tackle such challenges on the availability, access and sustainability of funding. They try to ensure a fair distribution through transparent criteria and by publishing calls for proposals so that they are widely accessible. For example, in Spain, a fair distribution of funds is ensured through legislation that requires assessment criteria to be made public. Most Member States also have plans to simplify and speed up access to funding, including through digitalisation. For example, in Slovakia and Croatia, new online systems are being created to simplify public funding administrative processes. Meanwhile, in Slovenia, flat rates and lump sums are used to simplify the funding system. In some Member States, further barriers are caused by the politicised distribution of public funding that excludes CSOs critical of the government to the benefit of so called GONGOs (government-organised NGOs) . Such barriers can be practices that block CSOs’ access to public funds by considering their advocacy activities as political activities , which affects their tax-exempt status , and rules on foreign donations . CSOs working in certain sensitive areas, such as LGBTIQ rights and gender equality, including advocacy and strategic litigation activities, face further exclusion from public funding. 4.2.EU support to civil society actors 4.2.1.Citizens, equality, rights and values (CERV) programme CSOs and rights defenders have always been among the beneficiaries of the Commission’s funding programmes, thereby supplementing Member States efforts. With a budget of EUR 1.55 billion for 2021-2027, the CERV programme is the biggest ever fundamental rights fund inside the EU. Its objective is to protect and promote the rights and values enshrined in the EU Treaties, the Charter and international conventions by supporting CSOs and other stakeholders at local, regional, national and transnational levels. Feedback from consultation The CERV programme has been welcomed as a positive development by CSOs and rights defenders. Consultations show that most CSOs were aware of the programme, even if to varying degrees . 28% of respondents to this report’s consultations have applied for CERV funding, and 39% are planning to apply. The CERV programme is made up of different funding strands. The new Union values strand supports CSOs, rights defenders and other stakeholders who promote a culture of values in the EU, based on fundamental rights, democracy and the rule of law. Funding is available for capacity building and raising awareness about the Charter, as well as activities that strengthen the knowledge of practitioners, legal professionals, CSOs and independent human rights bodies to effectively engage in litigation at national and European levels, as well as for improving access to justice and enforcement of rights through training, knowledge sharing, and exchanges of good practices. Funding for capacity building and litigation will be substantially increased under the 2023-2024 work programme.

As a new opportunity under the Union values strand, the Commission has selected CSO intermediaries through an open call for proposals. These bodies will provide financial support to CSOs through a re-granting scheme (passing on grants from the EU) to build the capacity of many grassroots CSOs, which promote and protect EU values. Additionally, the Commission is supporting framework partners, such as European networks, CSOs active at EU level, and European think tanks active in the area of EU values . The Commission supports, in particular, the ENNHRI and several CSO networks, such as the Civil Liberties Union, the European Center for Not-for-profit Law (ECNL) and the European Civic Forum, which all work to create and maintain an enabling civic space. CSOs also have access to substantial funding under the other strands of the CERV programme – equality, rights and gender equality, fighting gender-based violence and violence against children (Daphne), and citizen’s engagement and participation, where CSOs represent almost half of the beneficiaries. In 2021, the CERV programme provided around EUR 91.8 million in funding. This increased to around EUR 200 million in 2022 . For the 2021-2027 funding period, a risk management system has been designed for all stages of the project cycle. Respecting EU values applies to all calls for proposals and throughout the project cycle. All applicants and beneficiaries are regularly screened for compliance with EU values at the application, evaluation and implementation stages. EU funding to support CSOs during Russia’s war of aggression against Ukraine CERV beneficiaries are well placed to respond to the urgent needs of those affected by Russia’s war of aggression against Ukraine, in particular through data collection and monitoring, awareness raising, advocacy, and guidance and help for victims. When Russia’s war of aggression started, several of the 2022 calls for proposals were already open, and applicants were given the possibility to adapt their proposals to the needs arising from the war. Submission deadlines were also extended for certain calls. Some framework partners receiving funding have developed activities to respond to emerging needs, such as social media campaigns, providing psychological support, or training volunteer mentors. As from 2023, framework partners will begin re-granting funds to their member organisations at local level, which can target more specific action to respond to this emergency. 4.2.2.Support under other EU programmes Besides CERV, the EU is a significant supporter of civil society through many other EU programmes. The Justice programme ensures effective access to justice for the public by supporting judicial training and awards CSOs grants to implement projects in collaboration with judicial authorities , such as cross-border training projects on EU law for justice practitioners. The research and innovation funding programmes, Horizon 2020 and its successor Horizon Europe, also support CSOs and rights defenders in a number of thematic areas . The Erasmus+ programme funds projects that promote fundamental rights and EU values. Erasmus+ gives structural financial support (operating grants) to European CSOs active in education and training or youth and proposes also annual action grants as from 2021. Lastly, the civil society empowerment programme funds training for civil society to create narratives countering violent extremism . In its external actions, the EU has established longstanding practices of funding, engaging with, and identifying challenges facing civil society through thematic and geographic programmes. Geographical instruments, such as the Instrument for Pre-Accession Assistance and the Neighbourhood, Development and International Cooperation Instrument (NDICI-Global Europe), provides targeted support to CSOs through regional and national envelopes (‘Civil Society Facility’ programmes) to strengthen CSO's capacities, strengthen State-CSO dialogue and promote an open civic space. CSOs are also the main recipients of support from the thematic programme for civil society organisations and the thematic programme for human rights and democracy under NDICI-Global Europe. 5.Empowering CSOs and rights defenders Civil society is an active and independent partner in the EU fundamental rights system. The EU and Member States must recognise CSOs and rights defenders’ roles, enable them to act and make sure that the conditions are in place so they can be meaningfully involved in decision-making and implementing national and EU policies that benefit our democracies. Such empowerment is crucial for a vibrant civic space and to make it possible for CSOs and rights defenders to help shape national and EU policies. However, many stakeholders indicate that CSOs and rights defenders have difficulty accessing consultations and stakeholder dialogues in some Member States. Information on open consultations or clear guidelines on accessing them is not always available. Feedback from consultation In the consultation conducted to prepare this report, more than half the organisations (53%) reported obstacles in ‘participation and cooperation with authorities’. The biggest challenges in this area were obstacles restricting organisations’ access to consultations and participation in decision-making (45%) as well as access to information and documents (42%). In addition, a significant number of organisations (30%) stated that they have encountered obstacles to civil dialogue more generally. According to FRA’s findings, minorities and vulnerable groups are also not sufficiently represented in consultations. 5.1.Examples of how Member States empower civil society actors Involving CSOs and rights defenders is essential to prepare, implement and monitor legislation and policies. Several Member States have created consultation mechanisms to ensure that CSOs and rights defenders can get involved and have the opportunity to assess how proposed measures may affect them, their members, or fundamental rights more generally. Many Member States gather input from CSOs and rights defenders through open public consultations. For example, in Spain, before legislation is drafted, there is an open public consultation and a public hearing during which CSOs can share their knowledge and views. Similarly, many Member States facilitate stakeholder participation through online consultation platforms, which provide information on ongoing consultations. In Austria, preparing the national strategic plan on the common agricultural policy was supported by a process where everyone was able to get information and contribute. In several Member States, general rules on conducting legislative impact assessments enable the impact of a legislative proposal on civil society to be assessed. In some Member States, this is an obligation on the legislator. For example, in Germany, all regulatory impacts of legislative drafts prepared by the federal government have to be assessed, including their impact on civic space. In Latvia, the impacts of proposals on human rights, democratic values and the development of civil society are assessed as horizontal impacts. Permanent dialogue structures are essential to support the development of civil society. Several Member States involve CSOs and rights defenders through dedicated platforms and networks, which give them an official mechanism to help implement and monitor legislation and policies. For example, in Czechia, the Council for NGOs discusses key issues about CSOs’ work and it participated in creating the strategy for cooperation between public administration and NGOs. A methodology is being developed to further facilitate their participation. In Finland, the Advisory Board for Civil Society Policy was created to promote interaction between the government and civil society. In Ireland, local authorities can connect with community groups, including CSOs, through a public participation network. The primary purpose of the network is to let members voice their opinions within official decision-making structures at local level. Several Member States involve CSOs and rights defenders through platforms and networks dedicated to safeguarding the fundamental rights of specific groups. For example, in Greece, CSOs participate in the National Council against Racism and Intolerance and cooperate with the Office of the National Rapporteur for human trafficking issues. In Spain, CSOs participate in the Women’s Participation Council, which carries out work to foster equality and non-discrimination. CSOs also participate in the National Council on Disability and take part in the Council for the Promotion of Equal Treatment and Non-Discrimination of Persons on the Basis of Racial or Ethnic Origin. In Portugal, the Economic and Social Council provides a forum for dialogue between social partners and CSOs on socio-economic issues.

NHRIs and equality bodies maintain regular contact with CSOs and act as a link between them and different levels of government. They involve CSOs in consultations, advisory committees, joint projects and dialogue events. Most equality bodies have incorporated CSOs into their governing bodies. While several NHRIs and equality bodies speak of the good cooperation with authorities, challenges remain on timely and transparent consultations, providing information, and their systematic involvement independently of own initiative. Four Member States have not yet set up an accredited NHRI in line with the UN Paris Principles. 5.2.EU action to empower civil society actors The founding Treaties of the EU recognise the importance of civil society participation and dialogue. Article 11 of the TEU requires EU institutions to give citizens and representative associations the opportunity to make known, and publicly exchange, views in all areas of EU action. The Article further obliges the institutions to maintain an open, transparent and regular dialogue with representative associations and civil society and to carry out broad consultations on new initiatives. Article 15(1) of the Treaty on the Functioning of the European Union obliges EU institutions, bodies, offices and agencies to conduct their work as openly as possible to promote good governance and ensure the participation of civil society. The Charter recognises the rights to freedom of expression and information (Article 11) and to freedom of peaceful assembly and to association (Article 12). In line with the jurisprudence of the European Court of Human Rights, the CJEU has confirmed that the right to freedom of association constitutes one of the essential foundations of a democratic and pluralist society as it enables citizens to act collectively in areas of common interest and, by doing so, contributes to the proper functioning of public life . This recognition of the key role of the civic space is reflected in the functioning of the EU and in its policies. Involvement in policymaking Since 2015, the Better Regulation agenda requires that impacts on fundamental rights are considered when preparing legislative initiatives, alongside economic, social and environmental impacts more generally. This requires the EU institutions to assess how fundamental rights are best promoted and protected in the concrete files, and also allows CSOs and rights defenders to see how potential fundamental rights impacts on civil society are accounted for in EU law-making. Consultation and dialogue mechanisms also enable CSOs and rights defenders to present their views on EU legislation and policy throughout the policy cycle from the initial preparation of the initiative to the negotiations between the co-legislators, the European Parliament and the Council. Formal consultation and complaint mechanisms The Better Regulation toolbox confirms the importance of stakeholder involvement, including civil society, in EU policymaking. Consulting stakeholders is a significant part of evidence-based policymaking and makes an invaluable contribution to the legitimacy of the policymaking process. The Have Your Say portal is the entry point for all contributions to legislative proposals, evaluations, fitness checks and communications. It makes it possible for all interested parties to contribute to initiatives before and after adoption. This can be done by providing general feedback or sharing views and knowledge in an open public consultation. The collection of feedback gives stakeholders the opportunity to share their views on a specific document (usually a ‘call for evidence’). A public consultation is made up of questions for the public as well as, where relevant, specialised questions for CSO experts, businesses, public authorities, academia etc. Respondents may supplement their contribution with written contributions, such as position papers. Contributions can be made in any of the 24 official EU languages. Representatives of CSOs and rights defenders may also lodge formal complaints before the Commission when they suspect a breach of EU law by Member State authorities. After assessing the complaint, the Commission decides whether to initiate infringement proceedings. Additionally, the European Ombudsman is mandated to investigate complaints from individuals and organisations about maladministration by the institutions, bodies and agencies of the EU, including where there is a violation of fundamental rights. Civil society actors are major partners in the preparation of EU initiatives. A recent example is the role which CSOs’ played in shaping the EU’s approach to human-centric and trustworthy artificial intelligence (AI). Over 160 CSOs contributed to the public consultation on the White paper on AI. They provided valuable input to the proposal for a regulation on AI , which aims to create a single market for trustworthy AI that is safe and respects fundamental rights. Other recent examples include the proposal for a directive on corporate sustainability due diligence, the anti-SLAPP package, the proposal for the establishment of the European health data space, the Commission Recommendation on the protection, safety and empowerment of journalist and other media workers and the legislative initiative to strengthen the role and powers of equality bodies. Consultations with civil society are also an integral part of preparing and implementing EU trade agreements. The Commission created the Expert Group on the views of migrants in the field of migration, asylum and integration, composed of civil society representatives with relevant expertise, to provide advice on migration policies. The EU LGBTIQ Equality Strategy establishes an ongoing consultation with CSOs on its implementation. This Strategy also involves CSOs in many of its actions, including in the dialogue with Member States. The EU Roma strategic framework for equality, inclusion and participation puts a high emphasis on participation, especially that of the Roma civil society, in all stages of policy making process. Implementation of EU funds Under the Common Provisions Regulation (CPR) CSOs and rights defenders can be entrusted with tasks. Under that legislation, Member States have to put in place effective mechanisms to ensure that EU funded programmes are conceived and implemented in compliance with the relevant provisions of the Charter. This is part of the horizontal enabling condition on the effective application and implementation of the Charter (the ‘horizontal enabling condition’). It also provides for a ‘partnership’ with a number of regional, local and civil society bodies, such as fundamental rights bodies. The Member State shall involve these bodies throughout the preparation, implementation, and evaluation of programmes, including through participation in a committee in charge of monitoring the implementation of funding programmes where a balanced representation of the partners concerned shall be ensured. Member States are increasingly making arrangements to involve CSOs in implementing the horizontal enabling condition. They must, where relevant, allocate appropriate resources from the funds to the administrative capacity building of social partners and CSOs. For example, in Denmark, CSOs and NHRIs were included in bilateral and public consultations organised by the managing authority of the CPR programmes. They also participate in monitoring the implementation of all programmes. In Romania, the managing authorities of each programme have set up monitoring committees that include CSOs for all programmes. In Czechia, CSOs are included among the bodies that prepare, implement, and monitor the CPR funds. This enables them to influence the content of programmes and calls for funding and participate in the evaluation and monitoring, including the compliance of operations with the Charter. Improved structural dialogues In addition to consultations, the Commission has created several tailored dialogue mechanisms to enable stakeholders, including CSOs and rights defenders, to regularly contribute to policymaking and implementation in specific fields. Structural civil society dialogue takes place, for instance, through forums and platforms, which cover broad policy areas such as the Permanent Anti-racism Civil Society Forum, the Disability Platform, the European Migration Forum, and the EU Health Policy Platform. The EU Network for Children’s Rights has been set up to support implementing, monitoring and evaluating the EU’s strategy on the rights of the child. The Victims’ Rights Platform was launched in 2020 to facilitate dialogue and the exchange of best practices and information among its members, two thirds of which are from civil society . Dialogues on more specific matters have also been established by the EU, for example the LGBTIQ Equality Civil Society Forum, the European Platform for Roma Inclusion and the Roma Civil Monitoring 2025, the Civil Society Forum on Drugs and the EU Civil Society Platform against Trafficking in Human Beings. The Civil Society Forum on Combating Antisemitism brings together representatives from the Commission and Jewish communities, civil society and other stakeholders to create links and maximise the effect of joint action. As signatories of the Code of Practice on Disinformation and as members of the Code’s permanent task force, CSOs provide expert advice on better understanding emerging disinformation narratives or developing key deliverables, such as indicators for measuring the impact of the Code on disinformation in the EU.