Opinion of the European Committee of the Regions — European democracy action plan

(2021/C 440/06)

Rapporteur: Aleksandra DULKIEWICZ (PL/EPP), Mayor of Gdańsk Reference document: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the European democracy action plan COM(2020) 790, 3 December 2020

POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS

Background

1. considers that, while the EDAP focuses on short-term defence mechanisms for safeguarding democratic processes, it should be followed up by a longer-term and more strategic approach for promoting European democracy at all levels and both in its representative and participatory democracy dimension. Such an approach could build on existing legislation and best practices already applied in the Member States at national, regional and local level and lead to the drafting of a European Charter for Democracy;

2. reiterates that under Article 5 of the Treaty on European Union (TEU), which defines the principle of subsidiarity, ‘in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the intended action cannot be sufficiently achieved by the Member States’;

3. welcomes the initiative on the European democracy action plan (EDAP). Threats relating to populism, nationalism, manipulation of society, disinformation, hate speech and conspiracy theories are on the rise in the European public and political realm. This is leading to polarisation, aggression, intolerance and serious shortcomings in public solidarity. The overall objective of empowering citizens and creating more resilient democracies across the EU is key to developing activities to strengthen our Community;

4. stresses that the European Union is a body that resembles a structure of interconnected organisms. The deterioration of civil rights and freedoms in one Member State has a real, negative impact on democracy across the whole European family and is a threat to our shared values;

5. underlines the need to create a catalogue both of threats to democracy and of innovative good practices for citizen participation. Regional and local authorities are best placed to do so; invites the Commission, the Parliament and the Council to take note of the recommendations of the 2021 EU Annual Regional and Local Barometer, which will be published in October 2021;

6. agrees with the view set out in the opinion on the Action Plan against Disinformation that raising public awareness is a lengthy and complex process, involving development of media literacy skills, including how to deal with new ways of accessing and disseminating information. These skills must go hand in hand with critical analysis of information and its sources;

7. underlines that local and regional authorities are well placed to take part in the war on disinformation and the dangers it poses;

8. notes that EU membership not only comes with a set of freedoms and financial resources; it also means respect for fundamental values. Specific legal instruments are needed to enable swift and effective action with a positive impact on encouraging and, in extreme cases, forcing members of the European community to apply the principles of a democratic state and the rule of law. There are currently no such legal instruments. The upshot is that the action taken by the European Commission to deal with problematic decisions in some Member States is not very effective as outlined in the European Parliament resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation 2020/2092, to which the CoR fully subscribes; questions whether Article 7 of the Treaty on European Union responds adequately to these challenges;

9. calls for strategic action and legislation as soon as possible to effectively tackle problems in some EU countries, e.g. with regard to election security at all levels;

10. stresses that European democracy is at risk not only from external aggressors seeking to destabilise the EU, but also from internal factors attacking what is most important in the EU — the community;

11. believes that the EDAP should pave the way for relations and contacts with non-EU partners who do not accept democratic standards, in violation of fundamental human and civil rights. An example could be the EU’s policy towards countries such as Russia, Belarus and China and the work of the East StratCom Task Force; notes the need to support democratic movements among neighbours, including through the Eastern Partnership;

12. points out that efforts must be made to find a balance between the fight with pandemic-related risks and protection of civil liberties and freedoms (e.g. the issue of data protection or of preventing the restriction of the freedom of assembly and demonstration);

13. highlights the fact that attacking the media undermines European values and puts us on the path towards authoritarianism. Without a free media, there can be no real public oversight. The lack of established journalistic standards creates a climate for spreading conspiracy theories, disinformation, populism and hate speech; warns against moves towards renationalising the media in some EU countries;

14. notes that the EDAP does not devote enough attention to the issue of access to public information. The free flow of information and ideas is at the heart of democracy and respect for human rights. The information collected by the public authorities belongs to the citizens, and authorities at every level hold the data on their behalf ( 1 ) ; stresses that local and regional authorities, which use tools enabling citizens to access information and to participate directly in the exercise of power, are good examples of public authorities’ openness and accountability ( 2 )

15. points out that a democratic EU must uphold its commitment to protecting the EU’s values, as well as integration and equality in all respects, regardless of gender, race, ethnic origin, religion, belief, disability, age or sexual orientation and Member States must also make efforts in this direction;

16. underlines that the EDAP makes no direct reference to the activities of local and regional authorities;

Priorities

17. calls for steps to be taken to strengthen the EU’s and Members States’ authority, the credibility of public rule of law institutions, education and the role of local and regional authorities as incubators of democracy;

18. stresses that the trust of EU citizens in the work of the EU’s most important bodies is an essential precondition for the development of a democratic European community. The predictability and credibility of the central institutions in the Member States requires those countries to respect the rule of law. The smooth functioning of independent institutions and national legislation in line with democratic values form the cornerstone of the Community;

19. highlights the key role of local and regional authorities in strengthening citizenship. Local and regional authorities are the authority closest to citizens and the one that is most trusted ( 3 ) . Giving regions and cities a bigger role, for example by creating financial instruments where funds are awarded exclusively according to substantive criteria, is gaining in strategic importance;

20. calls for emphasis to be placed on the education of Europeans who are responsible, tolerant, capable of compromise and able to seek peaceful resolution to conflicts. The coexistence of different views and attitudes provides a true ‘vaccine’ against fanaticism, racism and ethnic conflicts;

Civic education — critical thinking and media literacy

21. underlines that local and regional authorities can play an important educational role, creating the conditions for local communities to develop good democratic habits;

22. warns against the radicalisation of society and the rise to power of populists who use disinformation. In order to fight disinformation, the target groups most vulnerable to its negative effects must be identified. Special protection should be given to young people, older people, national and ethnic minorities, immigrants and those who are digitally excluded. The European Commission should pay attention to regions and groups that are particularly susceptible to disinformation, both external and internal;

23. takes note of the guidelines presented by the European Commission on 26 May to remedy the shortcomings of its Code of Practice on Disinformation. It is welcome that the Commission calls for ‘stronger and more specific commitments in all areas of the Code’ and for improved monitoring methods in particular, and that it invites other platforms operating in the EU, private messaging services, and other players in the online advertising ecosystem to join the Code. However, the Commission’s difficulty in verifying the veracity of the monitoring reports provided by the platforms and the absence of any sanction mechanism significantly hamper the effectiveness of this Code and call for further regulatory action at EU level;

24. proposes, in this context, drawing up a non-compulsory and non-binding for the Member States, Europe-wide curriculum for civic education, critical thinking and media literacy, which, along the lines of the CIVIS programme in Finland as a best practice, would be subject to public consultation and then adapted to respond to regional and local needs. This should cover school education, training of civil servants, lifelong learning and public campaigns. The CoR would like to play an active role in drafting this curriculum and calls on the European Commission to work closely with Member States and civil society organisations, taking into account the principle of subsidiarity and the allocation of competences;

Fight against disinformation and hate speech

25. believes that a European agency ( 4 ) should be set up, in close cooperation with the European Parliament’s INGE Committee, tasked with carrying out preventive measures to tackle disinformation, hate speech, intolerance, violence against specific social groups and the spread of conspiracy theories;

26. finds it regrettable that local authorities play a secondary role in combating the spread of fake news, often due to lack of expertise, skills and resources; calls for the creation of a coherent funding mechanism to tackle disinformation;

27. welcomes the Security Union Strategy, with its focus on hybrid attacks by state and non-state actors, cyber-attacks, damage to critical infrastructure, disinformation campaigns and radicalisation of political narratives;

28. sees a need for debate on freedom of expression and what this means in relation to the internet; highlights the Paweł Adamowicz Award ( 5 ) for promoting social inclusion, equal opportunities and respect for human rights and civil liberties and for tackling prejudice and xenophobia, jointly launched by the Committee of the Regions, the International Cities of Refuge Network ICORN and the City of Gdańsk as a concrete step in this direction;

29. alongside local and regional authorities and civil society, the media must also be involved. Due to their practical and professional experience, people active in the infosphere have a keen awareness of disinformation;

30. underlines the importance of the Digital Services Act (DSA) as an instrument that can be used to make the digital environment more transparent and increase the accountability of online platforms;

31. highlights the need to ensure full consistency between the EDAP, the Media and Audiovisual Action Plan and legislative discussions on the DSA;

32. calls for a directive on digital services, proposing a horizontal framework for regulatory oversight of online space and rules to ensure platforms’ accountability in how they manage content, advertising and micro-targeting;

Safety of journalists and support for local media

33. stresses the role of reliable journalism, not least at local level, in building public trust. Independent media form one of the key pillars of democracy, with a real impact on the level of public debate;

34. condemns the use of SLAPPs (Strategic lawsuits against public participation) against the independent media, and calls on the Commission to put forward a proposal to protect journalists and civil society;

35. warns against marginalising the independent press through the monopolisation and politicisation of the media, especially if this is done using European funds; calls for better monitoring of funds dedicated to such activities; supports the involvement of the regions in the distribution of EU funds; supports the creation of complementary legislative measures — while respecting Member States’ competences — aimed at strengthening the EU’s ability to intervene to ensure that freedom and plurality of independent media continue to be a pillar of our democracy;

36. stresses that attacking freedom of expression narrows the public debate; draws attention to the right to freedom of expression in academic, research and artistic work. Intimidation, smear campaigns, political pressure, financial restrictions and obstacles in accessing public funds threaten the activities of researchers, the media and NGOs, making it impossible to carry out their role of oversight; warns against attempts by some governments to limit the independence of research activities and resort to the use of sanctions based on vague and controversial criteria;

Strengthening citizen participation

37. stresses that the Conference on the Future of Europe (CoFoE) should be organised in as many European regions as possible and run from the bottom up, enabling diverse groups of citizens to take part in the debate and to participate; recommends that citizens' panels be recognised as a form of participation in the EU decision-making process;

38. calls on the EU institutions to build effective, transparent and inclusive channels for reaching out to citizens, especially those discouraged from engaging in public and social life; underlines the key role of young people in this process;

39. is aware that the CoFoE is a unique opportunity to involve citizens. This innovative and Europe-wide experience of participation will provide a possibility to jointly decide on the future, shape and priorities of a democratic Europe. The CoR is committed to fully involving local and regional authorities in the conference in order to review best practices and give a voice to citizens and local and regional authorities;

Free and democratic elections

40. stresses that the concern for free and democratic elections referred to in the EDAP should apply in equal measure to European, national, regional and local elections;

41. notes that political campaigns are increasingly taking place online. There is therefore a need for rules ensuring transparency of sponsored political content and guaranteeing guidelines for political parties and Member States; calls for account to be taken of the specific features of local elections, which are often overlooked when drawing up EU-wide legislation;

42. notes that the EDAP makes insufficient reference to the periods between elections. Disinformation, propaganda, manipulation and attempts to change people’s attitudes occur most frequently at this time;

43. stresses that the EU Structural Funds should be used to finance civil society activities and build the institutional and administrative capacity and structures needed for active public participation in political life. Access to funds should be as straightforward as possible, with funds managed as much as possible by the regions;

44. welcomes the fact that the European Commission launched on 19 April a public consultation open until 12 July ( 6 ) with a view to presenting in the last quarter of 2021 updated directives aimed at supporting EU citizens who reside in another EU Member State with the right to vote and to stand as candidates in both municipal and European elections. Indeed, as also raised by the European citizens’ initiative (ECI) on Voters without Borders ( 7 ) , while over 14 million mobile EU citizens are eligible to vote, turnout rates and the number of mobile EU citizens standing as candidates continue to be lower than for comparable groups nationally and they still face difficulties in the exercise of their electoral rights;

45. warns that the pandemic has illustrated the challenges of conducting fully democratic elections against the backdrop of restrictions that limit them. The organisational and technological challenge, including in terms of cyber-threats, is ensuring the security of the postal and/or electronic voting process;

Conclusion

46. calls on the European Commission to look for long-term instruments that will help the EU face new threats. The ‘democratic vaccine’ we are looking for should be effective, innovative and efficient, and should strengthen our democratic infrastructure now and in the long run;

47. stresses that full participation in public life is the cornerstone of a pluralist and democratic community, but this can only be achieved with citizens’ trust in state institutions. There can be no participation without trust and this will not be possible without educating the public. The CoR sees an important role for local and regional authorities in this respect;

48. finally, points out that democracy and the rule of law will remain robust only if political leadership at all levels is accompanied by informed citizens.

Brussels, 30 June 2021. The President of the European Committee of the Regions Apostolos TZITZIKOSTAS

(1) In Resolution 59 of the UN General Assembly adopted in 1946, as well as in Article 19 of the Universal Declaration of Human Rights (1948) and Article 10 of the European Convention on Human Rights (1950), the right to information is an integral part of the fundamental right to freedom of expression.

(2) Examples of such local government tools include: open data, citizens’ budgets and citizens’ panels.

(3) https://cor.europa.eu/en/our-work/Pages/EURegionalBarometer-2020.aspx

(4) e.g. linked to the CoR.

(5) He was also the creator behind two Gdańsk concepts dedicated to these ideals: the Immigrant Integration Model and the Model for Equal Treatment.

(6) Public consultation on participation in European elections (https://bit.ly/3goNYin) and on participation in municipal elections (https://bit.ly/3gmIR2l)

(7) https://eci.ec.europa.eu/013/public/#/screen/home