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
Date: 2022-12-06
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: EU Charter of Fundamental Rights, activity report, application of EU law, civil society, democracy, fundamental rights, human rights movement

EN 

  EN 

   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 ............................................................................................................................. 1 

2.  The crucial role of civil society organisations and rights defenders ....................................... 7 

3.  Protecting CSOs and rights defenders ................................................................................... 13 

4.  Supporting CSOs and rights defenders .................................................................................. 20 

5.  Empowering CSOs and rights defenders ............................................................................... 26 

6.  Conclusion ............................................................................................................................. 34 

 
 
 
 
 
 
 
 
 
 
 
 
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  based1.  European  institutions  must  comply  with  it  in  all  their  activities,  and 
Member States must comply with it when they implement EU law2. 

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  obligations3  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’)4.  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 age5. 

-  So  far  22  Member  States  nominated  a  Charter  focal  point  to  foster  cooperation  and 

1 Article 6 of the Treaty on European Union (TEU). 
2 Article 51(1) of the Charter. 
3 When Member States adopt laws in an area where the EU has no competence and when no EU law exists, they are 
not implementing EU law and the Charter is not applicable to them. However, many fundamental rights enshrined in 
the Charter are also set out in national constitutions and case law, as well as in the European Convention on Human 
Rights to which all Member States are signatories. 
4  COM(2020)  711  final.  The  Charter  strategy  focuses  on  action  under  four  strands:  1)  ensuring  Member  States 
effectively apply the Charter; 2) empowering civil society organisations, rights defenders and justice practitioners; 
3) fostering the use of the Charter to guide EU institutions; and 4) strengthening people’s awareness of their rights 
under the Charter. 
5 For the first thematic report, see Protecting Fundamental Rights in the Digital Age – 2021 Annual Report on the 
Application of the EU Charter of Fundamental Rights; COM(2021) 819 final. 

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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) programme6, 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 
programme7 is also funding projects to train justice professionals on fundamental rights8. 

-  As underlined in its Communication on Enforcing EU law for a Europe that delivers9, 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 Portal10, 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  Portal11  and  are  also  updating  the 
information on the Fundamental Rights Information Tool12. 

-  The  European  Union  Agency  for  Fundamental  Rights  (FRA)  has  further  updated  its 
Charterpedia  database13  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 

6 https://ec.europa.eu/info/departments/justice-and-consumers/justice-and-consumers-funding-tenders/funding-
programmes/citizens-equality-rights-and-values-programme_en 
7 https://ec.europa.eu/info/funding-tenders/find-funding/eu-funding-programmes/justice-programme_en 
8 Under the call for proposals for action grants to support transnational projects on judicial training covering civil 
law, criminal law or fundamental rights, the Commission made available around EUR 5 million to support projects 
on training on civil law, criminal law, and fundamental rights, as enshrined in the Charter, including data protection.  
9 COM(2022) 518 final. 
10 https://e-justice.europa.eu/european-training-platform/home_en 
11 https://e-justice.europa.eu/37134/EN/member_states_best_practices_on_the_charter 
12 https://e-justice.europa.eu/459/EN/fundamental_rights_interactive_tool 
13 This covers a large spectrum of information on the Charter, including case law by national courts that refers to the 
Charter. The agency made this tool also available in a revamped Charter-app. The agency’s tools are available here: 
https://fra.europa.eu/en/eu-charter/fra-charter-resources  

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launched  the  #RightHereRightNow  campaign  in  202114.  Information  on  the  Charter  is 
also provided through ‘Your rights in the EU’ on the European e-Justice Portal15 and on 
Europa16. 

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)17  and  rights  defenders18  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  Charter19.  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 

14  #RightHereRightNow  (europa.eu).  The  campaign  ran  from  December  2021  to  December  2022  on  social  media 
and through media events. Key partners included CSOs, NHRIs and equality bodies, the FRA and other EU bodies 
and agencies. 
15 https://e-justice.europa.eu/512/EN/your_rights 
16  https://ec.europa.eu/info/aid-development-cooperation-fundamental-rights/your-rights-eu/eu-charter-fundamental-
rights_en 
17  For  the  purpose  of  this  report,  civil  society  organisations  are  defined  as  non-governmental  organisations  and 
institutions of civil society, active in the field of fundamental rights, which are voluntary self-governing bodies or 
organisations established to pursue the essentially non-profit-making objectives of their founders or members. See 
Article 10 of Council Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights 
and the Council of Europe Recommendation CM/Rec(2007)14 of the Committee of Ministers to member states on 
the legal status of non-governmental organisations in Europe. See also UN Declaration on Human Rights Defenders, 
under  which  the  concept  of  ‘human  rights  defenders’  is  not  limited  to  human  rights  CSOs,  but  may  also  include 
individuals and other groups. Under EU law ‘human rights defenders’ are defined as “individuals, groups and organs 
of  society  that  promote  and  protect  universally  recognised  human  rights  and  fundamental  freedoms”  European 
Union guidelines on human rights defenders (2008), p. 2.   
18  For  the  purpose  of  this  report,  ‘rights  defenders’  are  understood  as  covering,  beyond  CSOs,  NHRIs,  equality 
bodies and ombuds institutions. They do not include other independent bodies, such as Data Protection Authorities, 
nor political parties or trade unions. 
19  As  also  acknowledged  in  Council  conclusions  on  strengthening  the  application  of  the  Charter  of  Fundamental 
Rights in the European Union of 5 March 2021, pp. 3, 11. 

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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 States20.  

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 
pandemic21 and in Russia’s war of aggression against Ukraine22 and have been at the frontline of 
ensuring that individuals’ needs are understood, communicated, met and their rights defended23. 

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 affected24. 

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 States25.  

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  States26.  They  established  a  dedicated  service  to  connect  missing 
children fleeing the conflict with their families and guardians27. They have also been working on 
sharing best practices regarding guardianship for unaccompanied and separated children arriving 

20  See  European  Partnership  for  Democracy,  Repression  and  Resilience:  Diagnosing  closing  space  mid-pandemic 
(2021),  p. 9.  See  also  FRA,  Europe’s  civil  society:  still  under  pressure  –  2022  update  (2022)  and  UN  Guidance 
Note, Protection and Promotion of Civic Space (2020). While certain measures directly target CSOs with a view to 
jeopardise their activities, this is not necessarily always the case and can be an unwelcome negative consequence of 
measures with a legitimate purpose, notably when implementation is not proportionate. 
21 See European Economic and Social Committee, The response of civil society organisations to face the Covid-19 
pandemic and the consequent restrictive measures adopted in Europe (2021). 
22 https://www.eesc.europa.eu/en/news-media/news/civil-society-organisations-helm-volunteer-assistance-ukrainian-
civilians  
23 FRA targeted consultation EU umbrella CSOs summary report, p. 12. 
24 See European Civic Forum, Towards vibrant European civic and democratic space (2022), p. 11. Nearly half of 
the  new  measures  taken  in  Member  States  to  support  and  protect  victims  of  intimate  partner  violence  and  their 
children during the lockdowns were implemented by CSOs, see European Institute for Gender Equality  The Covid-
19  pandemic  and  intimate  partner  violence  against  women  in  the  EU  (2021),  p. 18.  In  Poland,  15.8%  of  CSOs 
carried out additional activities to better assist their beneficiaries during the pandemic, and in Portugal, CSOs and 
rights  defenders  disseminated  information  on  vaccinations  to  difficult-to-reach  communities.  This  resulted  in 
600 000  foreign  citizens  being  vaccinated,  regardless  of  their  migration  status.  See  FRA  targeted  consultation 
Member States summary report, p. 4. 
25 See the Joint Communication, Tackling COVID-19 disinformation - Getting the facts right, JOIN(2020) 8 final. 
26 For an overview of the different types of civil society support provided during Russia’s war against Ukraine, see 
FRA, Europe’s civil society: still under pressure – 2022 update (2022), pp. 45-50. 
27 https://missingchildreneurope.eu/ukraine/ 

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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 Platform28. 

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 cases29. 

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 needs30. 

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  action31.  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 reports32, the European democracy action plan33, the EU Justice Scoreboard34, 

28 The EU Health Policy Platform brings together more than 5 000 active participants from over 80 networks, such 
as  patient  groups  and  health  professionals’  organisations,  Member  States  authorities  and  the  Commission.  The 
Commission  supported  the  network  in  identifying  and  securing  funding  for  CSOs  initiatives  focussing  on  the 
support to Ukrainian refugees and patients on matters such as mental health and psychological needs. In addition, 
the  EU  Health  Award  has  raised  awareness  of  the  role  of  CSOs,  cities  and  schools  in  strengthening  participative 
democracy and active citizenship in the realm of public health. 
29 See Political Declaration of the Ministerial Ukraine Accountability Conference, points 13,14, Eurojust, Guidelines 
for  Civil  Society  Organisations  on  Documenting International  Crimes  and  Human  Rights  Violations  for  Criminal 
Accountability  Purposes  (2022).  Several  Ukrainian  CSOs  that  focus  on  documentation  of  and  communication  on 
war crimes (part of the 5 am Coalition) are receiving grants from the EU / EU-funded projects.  
30 FRA, Europe's civil society: still under pressure - 2022 update (2022). 
31 Although the Charter is not strictly applicable in the EU’s external relations under Article 51(1), its provisions are 
binding on EU institutions and bodies, including departments responsible for the EU’s external relations, in all their 
activities.  Moreover,  regardless  of  the  different  legal  and  policy  context  in  internal  and  external  action,  these 
departments have long-standing experience in working with, protecting, monitoring and maintaining a dialogue with 
CSOs and rights defenders. 
32 2022 Rule of Law Report – The rule of law situation in the European Union; COM(2022) 500 final.  
33 COM(2020) 790 final. 
34 https://ec.europa.eu/info/policies/justice-and-fundamental-rights/upholding-rule-law/eu-justice-scoreboard_en 

5 

 
 
                                                           
and  the  work  of  the  European  Union  Agency  for  Fundamental  Rights  (FRA)  on  civic  space35. 
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 Europe36. 

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  States37;  (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 Platform38; 

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 organisations39. 

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 initiatives40. The topics in each chapter (dedicated 

35  See  FRA,  Challenges  facing  civil  society  organisations  working  on  human  rights  in  the  EU  (2018),  FRA, 
Protecting civic space in the EU (2021), and FRA, Europe's civil society: still under pressure - 2022 update (2022). 
See also https://fra.europa.eu/fr/cooperation/civil-society/civil-society-space.  
36 Report on the final outcome of the Conference on the Future of Europe, see in particular: ‘Include civil society … 
in the  citizens’ participation process’ (Proposal 36, p. 79, point 5); ‘Provide enhanced structural support,  financial 
and  otherwise,  for  civil  society,  especially  for  youth  civil  society ….  This  could  be  achieved  through …  and  a 
dedicated  civil  society  strategy’  (point  8);  ‘Strengthening  cooperation  between  EU  legislators  and  civil  society 
organisations to utilise the link between decision-makers and citizens  which civil society organisations constitute’ 
(point  10);  ‘Reform  the  way  the  European  Union  works  by  better  involving  social  partners  and  organised  civil 
society’ (Proposal 39.6, p. 83); ‘Social partners and organised civil society should be better included in the decision-
making process, given the importance in the European democratic life’ (Proposal 40.5, p. 84). 
37 22 of the 27 Member States responded to the targeted consultation. 
38 https://fra.europa.eu/en/cooperation/civil-society 
39 The report builds on recent reports on civic space and civil society from the  European Parliament, the European 
Economic and Social Committee, FRA (see footnote 35), the United Nations, and the Council of Europe. 
40 The results of the four targeted consultations were assessed and summarised by FRA. See the summary reports of 
the consultations and the individual replies to the consultations by the Member States and stakeholders.  

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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 
beneficiaries41.  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 violations42. 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 it43. 

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 

41 FRA targeted consultation Member States summary report, p. 2. NHRIs also prioritise their work in line with the 
national  situation  and  the  most  pressing  needs,  whereas  equality  bodies  focus  on  implementing  equality  and  non-
discrimination legislation (FRA targeted consultation ENNHRI and EQUINET summary report, p. 6). 
42  FRA  targeted  consultation  Member  States  summary  report,  p. 8.  In  Sweden,  a  CSO  carried  out  a  state-funded 
project informing  massage parlours of the risk of violence  against  women linked to prostitution and trafficking in 
human beings. The project created a label for massage parlours, educated those involved and produced information 
material  for  risk  analyses  and  policy  action  within  large  companies  (FRA  targeted  consultation  Member  States 
summary report, p. 2). 
43 FRA targeted consultation EU umbrella CSOs summary report, pp. 5-6. 

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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 versa44.  

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 disabilities45. 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  alert46.  In  several  Member 
States, CSOs and rights defenders contribute significantly to international human rights bodies’ 
regular country-monitoring procedures47. 

Supporting rights holders 

CSOs and rights defenders support rights holders and victims of fundamental rights violations in 
explaining,  defending  and  enforcing  their  rights48.  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  litigation49.  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 

44 FRA targeted consultation EU umbrella CSOs summary report, p. 4. For example, Fridays for Future is a youth-
led and organised global climate strike movement that began in Sweden. They provide information on climate issues 
and offer resources and support to people who want to influence policymaking through similar demonstrations and 
strikes, https://fridaysforfuture.org. 
45 FRA targeted consultation Member States summary report, p. 6. 
46 FRA targeted consultation Member States summary report, p. 8. 
47 For instance, membership of the United Nations Human Rights Council involves dialogue with CSOs, whereby 
governments actively work with CSOs on human rights issues and enable them to engage in the work of the Council 
(FRA targeted consultation Member States summary report, p. 6). The Council of Europe encourages reporting and 
participation of CSOs, see for example the handbook Working with the Council of Europe: a practical guide for civil 
society, and also: https://www.coe.int/en/web/anti-human-trafficking/role-of-ngos, 
https://www.coe.int/en/web/minorities/role-of-ngos, https://www.coe.int/en/web/istanbul-convention/ngo and 
https://www.coe.int/en/web/european-commission-against-racism-and-intolerance/civil-society. 
48 For instance, over the last few years, CSOs have drawn attention to the tragedy of missing migrants while pointing 
out the need to identify them and restore their dignity. The Council of Europe called for  immediate action on this, 
and  the  forthcoming  interoperability  framework  of  Union’s  large-scale  IT  systems  will  significantly  contribute  to 
finding a solution. 
49 FRA targeted consultation EU umbrella CSOs summary report, p. 6. 

8 

 
 
                                                           
body litigates on behalf of employees alleged to have been discriminated against on the basis of 
sex50  and  in  Slovenia,  the  Ombudsperson  can  file  constitutional  complaints  on  violations  of 
fundamental rights in individual cases51. 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 fraud52. 

CSOs  and  rights  defenders  furthermore  support  rights  holders  by  providing  services  to 
individuals53. 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  claims54.  In  Czechia,  CSOs  worked  together  to  establish  two  dedicated  support 
centres for victims of illegal sterilisation55. 

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  proposals56.  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  discrimination57.  Various Member 
States  involve  CSOs  and  rights  defenders  in  implementing  open  government  action  plans  to 

50 FRA targeted consultation Member States summary report, p. 10. 
51 FRA targeted consultation Member States summary report, p. 8. 
52  FRA  targeted  consultation  Member  States  summary  report,  p. 4;  referring  to  District  Court  of  The  Hague, 
5 February 2020 (ECLI:NL:RBDHA:2020:865, paragraph 5.1). Legal action was also taken by a CSO claiming that 
the  state  needed  to  take  further  measures  to  reduce  greenhouse  gas  emissions  to  protect  the  right  to  life  and  to 
private and family life (Dutch Supreme Court, 20 December 2019, ECLI:NL:HR:2019:2007). 
53  FRA  targeted  consultation  EU  umbrella  CSOs  summary  report,  p.  7.  The  Lithuanian  NHRI  has  carried  out 
investigations  related  to  assisting  victims  of  domestic  violence  and  providing  psychological  services  to  people  in 
social care institutions; FRA targeted consultation Member States summary report, p. 9. 
54 FRA targeted consultation Member States summary report, p. 3. 
55 FRA targeted consultation EU umbrella CSOs summary report, p. 7. 
56 FRA targeted consultation Member States summary report, p. 5. 
57 FRA targeted consultation Member States summary report, p. 5. In Croatia, CSOs contribute to the Civil Society 
Development Council and the Council for Human Rights, as well as expert working groups charged with drafting 
national policy documents (FRA targeted consultation Member States summary report, p. 5).  

9 

 
 
                                                           
promote  transparency,  accountability,  participation,  public  integrity  and  collaboration  in 
society58. 

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  Regulation59 
grants  consumer  organisations  the  right  to  notify  authorities  about  abuses  of  EU  consumer 
protection law60. The Employment Equality Directive61 requires Member States to provide that 
CSOs may, under certain conditions62, engage in relevant judicial and administrative procedures 
either on behalf or in support of the complainant. 

The  amended  Aarhus  Regulation63  boosts  the  right  of  environmental  organisations  to  request 
EU  institutions  and  bodies  to  review  their  decisions  to  ensure  compliance  with  EU 
environmental law64. The amendment significantly broadened the number and types of decisions 
that can be challenged. Similarly, the proposal for a directive on corporate sustainability due 

58  FRA  targeted  consultation  Member  States  summary  report,  p. 5,  the  action  plans  are  required  as  part  of  their 
membership  of  the  Open  Government  Partnership,  whose  members  include  Bulgaria,  Croatia,  Czechia,  Denmark, 
Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, 
Portugal,  Romania,  Slovakia,  Spain,  Sweden;  https://www.opengovpartnership.org/policy-area/civic-space-and-
enabling-environment/. 
59 Regulation (EU) 2017/2394 of 12 December 2017 on cooperation between national authorities responsible for the 
enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. 
60  The  European  Consumer  Organisation  (BEUC)  has  issued  several  alerts  leading  to  action  by  EU  consumer 
protection  authorities  against  WhatsApp  and  TikTok  (https://www.beuc.eu/publications/consumer-groups-file-
complaint-against-whatsapp-unfairly-pressuring-users-accept-its/html,  https://www.beuc.eu/tiktok).  Its  first  alert 
against  unfair  airline  practices  resulted  in  commitments  by  16  major  airlines  to  provide  better  information  and 
reimburse  passengers  promptly  when  flights  are  cancelled  (https://www.beuc.eu/publications/beuc-reports-major-
airlines-breaching-passenger-rights-and-calls-industry-investigation/html,  https://ec.europa.eu/info/live-work-travel-
eu/consumer-rights-and-complaints/enforcement-consumer-protection/coordinated-actions/air-travel_en). 
61  Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for  equal  treatment  in 
employment and occupation, OJ L 303, 2.12.2000, p. 16–22. 
62  The  qualification  of  which  associations,  organisations  and  other  legal  entities  have  a  legitimate  interest  (i.e.  in 
ensuring that the provisions of this Directive are complied with) is defined in accordance with the criteria laid down 
by  the  relevant  national  law.  Furthermore,  these  entities  may  engage  in  judicial  and/or  administrative  procedures 
only with the approval of the complainant. 
63 Regulation (EU) 2021/1767 of 6 October 2021 amending Regulation (EC) No 1367/2006 on the application of the 
provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access 
to Justice in Environmental Matters to Community institutions and bodies. 
64  Proposal  for  a  directive  on  the  protection  of  the  environment  through  criminal  law  and  replacing  Directive 
2008/99/EC, COM(2021) 851 final. The Commission also adopted a communication to facilitate access to justice in 
environmental  matters  for  individuals  and  NGOs,  COM(2020) 643.  A  recent  judgement  from  the  CJEU  confirms 
that the Aarhus Convention, read in conjunction with the Charter, imposes an obligation on Member States to ensure 
effective judicial protection and allow environmental associations to verify before national courts that certain rules 
of EU environmental law are being complied with (8 November 2022,  Deutsche Umwelthilfe eV v Bundesrepublik 
Deutschland, C-873/19, EU:C:2022:857). 

10 

 
 
                                                           
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 environment65. 

The Victims’ Rights Directive66 provides for support services to be set up as a public service or 
by  CSOs67.  Similarly,  when  providing  support  services  to  victims  of  terrorism  under  the 
Counterterrorism Directive68, many Member States combine services provided directly by the 
state  with  those  provided  by  CSOs69.  The  proposal  for  a  directive  on  combating  violence 
against women and domestic violence70 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 Disabilities71, to 
which  the  EU  is  party,  requires  that  persons  with  disabilities  are  closely  consulted  on  policies 
that  concern  them  through  their  representative  organisations72.  For  passenger  rights,  EU  law 
requires  that  these  organisations  are  also  consulted  when  airports,  ship  and  port  terminal 
operators  adopt  standards  on  passengers  with  disabilities73  and  when  rail,  ship,  bus  and  coach 
operators adopt rules on non-discriminatory access to services74. 

The  General  Data  Protection  Regulation  (GDPR)75  and  the  Law  Enforcement  Directive 
(LED)76  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.  

65  Proposal  for  a  directive  on  Corporate  Sustainability  Due  Diligence  and  amending  Directive  (EU)  2019/1937, 
COM(2022) 71, which also provides for the consultation of stakeholders and CSOs. 
66 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum 
standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council  Framework  Decision 
2001/220/JHA, recital 62 of which calls for Member States to work closely with CSOs helping victims of crime. 
67 Article 8(4) of Directive 2012/29/EU. 
68  Article 24  of  Directive  (EU)  2017/541  of  the  European  Parliament  and  of  the  Council  of  15 March  2017  on 
combating  terrorism  and  replacing  Council  Framework  Decision  2002/475/JHA  and  amending  Council  Decision 
2005/671/JHA. 
69 SWD/2021/324 final, p. 10, referring to Belgium, France, Germany, Greece and Spain who combined services 
provided directly by the state with those provided by CSOs. 
70  Articles  27(3),  40  and  41  of  the  proposal  for  a  directive  on  combating  violence  against  women  and  domestic 
violence, COM(2022) 105 final. 
71 https://ec.europa.eu/commission/presscorner/detail/en/IP_11_4 
72 For example, C(2018) 6550, Article 2.2.4 of Annex 1 requires Member States to consult national stakeholders, in 
particular  organisations  representing  persons  with  disabilities,  and  give  due  consideration  to  the  stakeholders' 
opinion regarding specific websites to be monitored. 
73 Article 9(1) of Regulation (EC) No 1107/2006 and Article 13(1) of Regulation (EU) No 1177/2010. 
74 Article 19(1) of Regulation (EC) No 1371/2007, Article 9(1) of Regulation (EU) No 1177/2010, Article 11(1) of 
Regulation (EU) No 181/2011, and Annex III to Regulation (EU) 2021/782. From June 2023, rail operators will be 
obliged to regularly consult these representative organisations of persons with disabilities and persons with reduced 
mobility on quality standards for assistance to persons with disabilities. 
75 Regulation (EU) 2016/679, Article 80.  
76 Directive (EU) 2016/680, Article 55. 

11 

 
 
                                                           
The  Digital  Services  Act  Regulation  (DSA)77  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 
treatment78. 

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  content79.  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 radicalised80. 

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.  

77 Proposal for a Regulation on a Single Market for Digital Services (Digital Services Act) and amending Directive 
2000/31/EC,  COM(2020) 825 final. When assessing systemic risks and  mitigation  measures,  the  DSA encourages 
providers of very large online platforms to engage with: (i) civil society partners, including by establishing codes of 
conduct,  to  support  applying  the  rules  properly;  and  (ii)  CSOs  conducting  scientific  research  given  their  role  in 
contributing to detecting, identifying and understanding systemic risks in the EU. 
78 Proposal for a Directive of the  European Parliament and  of the  Council on  standards for equality bodies in the 
field of equal treatment and equal opportunities between women and men in matters of employment and occupation, 
and deleting Article 20 of Directive 2006/54/EC and Article 11 of Directive 2010/41/EU, COM(2022) 688; Proposal 
for a Council Directive on standards for equality bodies in the field of equal treatment between persons irrespective 
of  their  racial  or  ethnic  origin,  equal  treatment  in  the  field  of  employment  and  occupation  between  persons 
irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men 
in  matters  of  social  security  and  in  the  access  to  and  supply  of  goods  and  services,  and  deleting  Article  13  of 
Directive 2000/43/EC and Article 12 of Directive 2004/113/EC, COM(2022) 689.  
79 https://home-affairs.ec.europa.eu/networks/european-union-internet-forum-euif_en 
80  https://ec.europa.eu/home-affairs/networks/radicalisation-awareness-network-ran/about-ran_en#who-are-we.  The 
network  includes  civil  society  representatives,  social  workers,  youth  workers,  teachers,  healthcare  professionals, 
local  authority  representatives,  police  officers  and  prison  officers  engaged  in  preventing  and  countering  violent 
extremism and rehabilitating and reintegrating violent extremists. 

12 

 
 
                                                           
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  place81.  They  must  be  able  to  pursue  their  activities  without  unjustified 
interference by the state82, and states must actively take steps to protect and promote civic space 
and  those  active  within  it83.  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 activities84. 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’85.  More  specifically,  44%  of  them  have 
been  subjected  to  verbal  attacks  and  harassment,  intimidation,  negative  narratives,  or  smear  or 
disinformation  campaigns86.  Other  obstacles  encountered  included  digital  attacks  (19%), 
criminalisation of humanitarian or fundamental  rights work (18%)87, 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%)88.  Those  particularly 

81 CSOs and rights defenders are more and more developing tools to protect their rights under the Charter, especially 
the  rights  to  freedom  of  expression,  including  access  to  information,  and  to  freedom  of  peaceful  assembly  and 
association, see European Center for Not-for-Profit Law Stichting (ECNL), the European Foundation Centre (EFC) 
and the Donors and Foundations Network in Europe (DAFNE), How to Use EU Law to Protect Civic Space (2020). 
82 As recognised by the Commission in the Charter strategy, by the European Parliament (resolution 2021/2103(INI) 
and legislative initiative resolution 2020/2026(INL)), and the Court of Justice of the European Union in its judgment 
of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476, paragraph 113. 
83 See Council of Europe, Recommendation CM/Rec(2018)11 of the Committee of Ministers to Member States on 
the  need  to  strengthen  the  protection  and  promotion  of  civil  society  space  in  Europe  and  UN  General  Assembly 
resolution  53/144  Declaration  on  the  Right  and  Responsibility  of  Individuals,  Groups  and  Organs  of  Society  to 
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (Article 2). 
84 See FRA Reports - footnote 35. Also UN Guidance Note, Protection and Promotion of Civic Space (2020), p. 8. 
85 2022 FRA Charter consultation: Question (G) Obstacles under ‘safe space and protection’. See also FRA survey 
on Civic space – experiences of organisations in 2018 and 2019. 
86 For example, stakeholders have reported that CSOs have been the target of negative narratives by public officials 
in Slovenia (2022 Rule of Law Report, Country Chapter Slovenia, pp. 23-24), smear and disinformation campaigns 
in  Croatia  (2022  Rule  of  Law  Report,  Country  Chapter  Croatia,  p. 26),  and  verbal  attacks  by  public  figures  in 
Slovakia (2022 Rule of Law Report, Country Chapter Slovakia, p. 23). In Hungary, the LGBTIQ community and 
certain  CSOs  complain  of  being  targeted  by  government  smear  campaigns  (2022  Rule  of  Law  Report,  Country 
Chapter Hungary, p. 30). 
87  For  example,  as  regards  Greece,  NGOs  referred  to  a  law  of  4 September  2021  criminalising  certain  work  of 
CSOs, in particular those engaged in search and rescue missions at sea (2022 Rule of Law Report, Country Chapter 
Greece, p. 22). 
88  SLAPPs  are  clearly  unfounded  or  abusive  court  proceedings  usually  initiated  by  powerful  individuals,  lobby 
groups, corporations and state bodies against those involved in protecting the public interest. The aim is to censor, 

13 

 
 
 
                                                           
 
affected  work  on  women’s  and  sexual  and  reproductive  rights,  LGBTIQ  rights,  migrants  and 
asylum seekers’ rights and environmental protection89. 

Rights  defenders,  such  as  NHRIs,  are  affected  by  similar  challenges90.  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’91. In some Member 
States,  NHRIs  faced  obstacles  to  their  independence  and  to  secure  adequate  resources  and 
fulfilling their broad mandate92. This is also the case for Ombudspersons93. Equality bodies also 
reported an increasingly challenging environment due to less social consensus on equality issues 
and  illegal  discriminatory  statements  being  considered  acceptable94.  External  pressure  and 
inadequate staffing have led to some reported cases of equality bodies lacking independence and 
effectiveness95. 

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 

intimidate and silence critics by burdening them with the cost of legal defence. See the proposal for a directive on 
protecting  persons  who  engage  in  public  participation  from  manifestly  unfounded  or  abusive  court  proceedings, 
COM(2022) 177 final, and the 2022 Rule of Law Report (pp. 21, 26), in which it is reported that this phenomenon 
has been gaining ground in the EU and represents one of the challenges faced by CSOs. 
89  FRA,  Europe’s  civil  society:  still  under  pressure  –  2022  update  (2022),  p. 21,  lists  migration,  environmental 
protection,  women’s rights, LGBTIQ rights, anti-racism, and children’s rights as sensitive. See  also FRA  targeted 
consultation ENNHRI and EQUINET summary report, p. 8, FRA targeted consultation EU umbrella CSOs summary 
report, pp. 15-16. For example, in Poland, LGBTIQ people and NGOs continue to be  targeted by draft legislation 
initiatives  (2022  Rule  of  Law  Report,  Country  Chapter  Poland,  p. 29).  In  Italy,  civil  society  groups  working  on 
migrant rights are particularly targeted by a narrowing of civic space (2022 Rule of Law Report, Country Chapter 
Italy, p. 25). 
90  See  2022  Rule  of  Law  Report,  Communication,  p. 24;  FRA  targeted  consultation  ENNHRI  and  EQUINET 
summary report, p. 10; also ENNHRI, State of the rule of law in the European Union (2022). 
91 NHRIs also reported being the target of negative media reports or campaigns, being targeted by lawsuits linked to 
their work, and having to report incidents to the police. One NRHI reported that its premises were attacked (FRA, 
Strong and effective national human rights institutions – challenges, promising practices and opportunities  (2019), 
p. 45). See also ENNRHI, 2020 Guidelines on support for NHRIs under threat (2020). 
92 FRA  targeted consultation ENNHRI  and EQUINET summary report,  p.  6. For example, in  Hungary, concerns 
persist  about  the  independence  of  the  Commissioner  for  Fundamental  Rights  (2022  Rule  of  Law  Report, 
Communication, p. 24). 
93  For  example,  in  Lithuania,  concerns  have  been  raised  that  a  lack  of  resources  and  new  draft  legislation  could 
harm the ability of the Office of the Parliamentary Ombudspersons to fulfil its mandate (2022 Rule of Law Report, 
Communication, p. 24). See also 2022 Rule of Law Report, recommendations to Croatia and Poland. 
94  FRA  targeted  consultation  ENNHRI  and  EQUINET  summary  report,  p.  7.  See  also  Equinet,  Legislating  for 
stronger, more effective equality bodies (2021). 
95 Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies (recital 21). See 
also footnote 78. 

14 

 
 
 
                                                                                                                                                                                           
in their work and legally protected96. In recent  years, several positive developments have taken 
place  across  the  EU  to  foster  this  enabling  environment  for  CSOs  and  rights  defenders97,  and 
certain  Member  States  are  implementing  legislative  and  institutional  changes.  For  example, 
Croatia98 and Germany99 are preparing national action plans to improve the situation for CSOs. 
In  Slovenia100,  a  law  on  non-governmental  organisations  aims  to  provide  an  enabling 
environment  for CSOs.  In other Member States,  such as  Bulgaria101  and Lithuania102, 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 strategy103. 

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  courts104.  Additional  hurdles  reported  by 
stakeholders  relate  to  transparency105,  counterterrorism106  and  anti-money  laundering  laws107. 

96  According  to  CIVICUS  Monitor,  https://monitor.civicus.org/,  civic  space  is  considered:  (i)  open  in  Austria, 
Cyprus, Denmark, Estonia, Finland, Germany, Ireland, Lithuania, Luxembourg, the Netherlands, Portugal, Sweden; 
(ii)  to  have  narrowed  in  Belgium,  Bulgaria,  Croatia,  Czechia,  France,  Greece,  Italy,  Latvia,  Malta,  Romania, 
Slovakia, Slovenia, Spain; and (iii) obstructed in Hungary, Poland.  
97 2022 Rule of Law Report, Communication, p. 25. 
98  FRA  targeted  consultation  Member  States  summary  report,  p. 12;  2022  Rule  of  Law  Report,  Communication, 
p. 25.  
99  FRA  targeted  consultation  Member  States  summary  report,  p.  12;  2022  Rule  of  Law  Report,  Country  Chapter 
Germany, p. 25. 
100 FRA targeted consultation EU umbrella CSOs summary report, pp. 18-19. 
101 2022 Rule of Law Report, Country Chapter Bulgaria, p. 25. 
102 FRA targeted consultation Member States summary report, p. 12. 
103 https://oikeusministerio.fi/en/-/an-autonomous-and-dynamic-civil-society-for-all  
104  For  example,  Austria’s  civil  society  has  raised  concerns  over  the  impact  of  anti-terrorism  legislation  on  the 
operating space for CSOs, specifically for Muslim organisations (see 2022 and 2021 Rule of Law Reports, Country 
Chapter Austria, pp. 23 and 18 respectively). In France a number of stakeholders raised concerns on the draft law to 
‘reinforce  respect  for  the  republican  principles’  as  regards  its  potential  impact  on  the  civic  space  (Law  No 2021-
1109 of 24 August 2021; 2022 and 2021 Rule of Law Report, Country Chapter France, pp. 23 and 17 respectively). 
In  Greece,  some  CSOs  raised  concerns  about  the  registration  process  for  NGOs  active  in  asylum,  migration  and 
social  inclusion  (Law  4662/2020,  further  amended  by  Law  4686/2020;  see  2020,  2021  and  2022  Rule  of  Law 
Reports, Country Chapter Greece, pp. 22, 12 and 12 respectively). Three appeals are pending before the Council of 
State challenging some aspects of the legality of  the law on the registration of NGOs. (2022 Rule of Law Report, 
Country Chapter Greece, p. 21).  
105 For example, in Poland, a draft law proposal aiming to ensure ‘transparency of non-governmental organisations’ 
has raised stakeholders’ concerns (2022 Rule of Law Report, Country Chapter Poland, p. 29). 
106 In Sweden, a proposal was presented to amend the Constitution to extend the possibilities to restrict the freedom 
of  association  by  law  for  associations  engaging  in  or  supporting  terrorism  and  CSOs  expressed  concern  that  the 
amendment  could  enable  undue  interference  with  the  freedom  of  association  (2022  Rule  of  Law  Report,  Country 
Chapter  Sweden,  p. 19).  See  Financial  Action  Task  Force,  Combating  the  abuse  of  non-profit  organisations 
(Recommendation 8) (2015). 
107  In  Cyprus,  CSOs  have  reported  that  legislation  introduced  to  ensure  compliance  with  rules  on  combating 
terrorist financing and money laundering has led to the de-registration of several CSOs (2022 and 2021 Rule of Law 
Report, Country Chapter Cyprus, pp. 16 and 12 respectively). 

15 

 
 
                                                           
Other  obstructions  reported  by  civil  society  include  dissuasive  measures,  such  as  audits  and 
funding investigations108, and obstacles to access funding109. 

In most Member States, there are no special procedures in place to report and monitor threats and 
attacks110. As a result, CSOs and rights defenders themselves play an essential role in monitoring 
and reporting on civic space111. 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  rights112.  In  Finland,  a  CSO  developed  the  tool  ‘Together 
Against  Hate’  to  collect  data  on  threats  or  attacks  against  CSOs  and  rights  defenders113.  In 
addition, the online research platform CIVICUS monitor114 tracks civil society freedom in 197 
countries and territories, and Civic Space Watch115 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 Service116. Luxembourg117 and the Netherlands118 
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 defenders119. 

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  them120  and  helping 

108 For example, auditing checks on  CSOs in  Hungary have raised concerns (2022 Rule  of Law Report,  Country 
Chapter Hungary, p. 29). 
109 See Chapter 4: Supporting CSOs and rights defenders. 
110 FRA targeted consultation Member States summary report, p. 13. 
111  FRA  targeted  consultation  ENNHRI  and  EQUINET  summary  report,  p.  9,  FRA  targeted  consultation  EU 
umbrella CSOs summary report, p. 19. See also ENNHRI, State of the rule of law in the EU 2022 (2022). 
112  The  Slovak  National  Centre  for  Human  Rights  collected  11  cases  considered  by  respondents  to  be  threats, 
harassment, or intimidation. Harassment of and slander against individuals or their families were the most common. 
Additionally,  threats  and  the  use  of  administrative  procedures  as  a  form  of  harassment  (e.g.  complaints,  criminal 
reports) were prevalent (FRA targeted consultation ENNHRI and EQUINET summary report, p. 9). 
113 FRA targeted consultation Member States summary report, p. 13, referring to ‘Yhdessä vihaa vastaan’, a project 
funded under the rights, equality and citizenship programme. 
114 https://monitor.civicus.org/ 
115 https://civicspacewatch.eu/ 
116  FRA  targeted  consultation  Member  States  summary  report,  p. 14,  noting  that  protection  has  been  provided  for 
several years to individuals or journalists under threat. 
117 Contribution by ENNHRI, p. 10, noting  that in  Germany, a protection programme  has been set up  for human 
rights  defenders  subjected  to  threats  due  to  their  work.  This  includes  on-site  assistance  and  grants  for  temporary 
relocation. 
118 FRA targeted consultation Member States summary report, p. 14. 
119 FRA targeted consultation Member States summary report, p. 13. 
120  ENNHRI’s  2021  NHRI  Academy,  co-organised  with  OSCE-ODIHR,  was  dedicated  to  the  topic.  Protecting 
human rights defenders and co-creating inclusive civil  society space  in Europe: The  role of NHRIs  – 2021 NHRI 
Academy Follow-up Training | OSCE. 

16 

 
 
                                                           
with  their  capacity  building121.  In  Greece,  the  National  Commission  for  Human  Rights 
advocated adopting a legislative proposal to protect rights defenders from attacks, reprisals and 
restrictions to their rights122. 

3.2.  EU initiatives to protect civic space 

The EU has taken a number of steps to protect CSOs and rights defenders123. 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’124 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 cases125. 

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 defenders126. 

The proposal for a new environmental crime directive127 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 128. 

121 ENNHRI, State of the rule of law in the European Union (2022), p. 39. 
122 FRA targeted consultation ENNHRI and EQUINET summary report, p. 8. 
123 FRA targeted consultation EU umbrella CSOs summary report, p. 19. 
124 2021 Rule of Law Report, Communication, p. 20. 
125  See  the  2022  Rule  of  Law  Report,  Commission’s  recommendations  to  Member  States  on  civic  space  and 
challenges faced by CSOs and rights defenders (such as consultation mechanisms and the role of NHRIs) in Croatia, 
Cyprus, Czechia, Denmark, Estonia, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, 
Romania, and Sweden. 
126 See Commission Recommendation (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights 
defenders  who  engage  in  public  participation  from  manifestly  unfounded  or  abusive  court  proceedings  (‘Strategic 
lawsuits  against  public  participation’);  Proposal  for  a  directive  on  protecting  persons  who  engage  in  public 
participation  from  manifestly  unfounded  or  abusive  court  proceedings  (“Strategic  lawsuits  against  public 
participation”),  COM(2022)  177  final;  ENNHRI,  The  EU  has  a  key  role  in  safeguarding  human  rights  defenders 
from strategic litigation against public participation (2022). 
127 COM(2021) 851 final, Article 13. 
128 COM(2022) 177 final. As parties to the Aarhus Convention, the EU and Member States must ensure that people 
exercising their rights in compliance with the rules of the Convention are protected from penalisation, persecution or 
harassment in any way.  

17 

 
 
                                                           
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 interference129. 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 offline130. 

Prompted  by  the  European  Parliament131,  the  Commission  is  also  working  on  a  legislative 
initiative  on  the  cross-border  recognition  of  associations  in  the  EU132.  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 
Charter133. The Commission initiated two infringement proceedings against Hungary over a law 
on  foreign  funding  for  civil  society134  and  a  bill  criminalising  aid  to  asylum  seekers135.  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)136. It is also outlined in the EU guidelines on human rights defenders137. 

Since 2015, the Commission has supported mechanisms to protect human rights defenders most 
at  risk.  The  EU  Emergency  Fund  for  Human  Rights  Defenders138  through  small  grants 
provides  support  to  human  rights  defenders.  ProtectDefenders.eu139  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 

129  C(2022)  6536  final.  See  ENNHRI,  NHRIs  evidence  the  need  to  adopt  common  EU  standards  on  media 
transparency,  pluralism  and  freedom  (2022),  and  FRA  targeted  consultation  ENNHRI  and  EQUINET  summary 
report, p. 8. 
130 C(2021) 6650 final. 
131 European Parliament’s legislative initiative resolution with recommendations to the Commission on  a statute for 
European cross-border associations and non-profit organisations, 2020/2026(INL). 
132 Single market – Proposal for a legislative initiative on cross-border activities of associations (europa.eu)  
133 Charter strategy, pp. 6-7. 
134 CJEU judgment of 18 June 2020, Commission v Hungary, C-78/18, EU:C:2020:476. 
135 CJEU judgment of 16 November 2021, Commission v Hungary, C-821/19, EU:C:2021:930. 
136 https://www.eeas.europa.eu/sites/default/files/eu_action_plan_on_human_rights_and_democracy_2020-2024.pdf 
137 https://www.eeas.europa.eu/sites/default/files/eu_guidelines_hrd_en.pdf. . 
138 C(2018) 6798 final, Annex 1. 
139 ProtectDefenders.eu. 

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Rights Crises Facility provides grants to CSOs with the aim of ensuring the survival of human 
rights movements in the most repressive operating environments140.  

The Commission also funded the development of the CSO Meter141. This assesses the openness 
of  the  civil  society  environment  in  the  Eastern  Partnership  countries  under  its  European 
Neighbourhood Instrument142.  

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  space143.  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 status144 and advises on how to bring national law and practice 
in line with European standards145. 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 attacks146. 

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 EU147.  

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 

140 C(2018) 6798 final, Annex 2. 
141 https://csometer.info/ 
142  This  project  has  a  set  of  standards  and  indicators  to  evaluate  the  legal  framework  affecting  CSOs  and  their 
situation  in  10  areas,  including  freedom  of  association,  assembly  and  expression,  right  to  privacy  and  access  to 
funding. 
143  Recommendation  CM/Rec(2021)1  of  the  Committee  of  Ministers  to  member  States  on  the  development  and 
strengthening  of  effective,  pluralist  and  independent  national  human  rights  institutions;  Recommendation 
CM/Rec(2019)6 of the Committee of Ministers to member States on the development of the Ombudsman institution;  
Recommendation CM/Rec(2018)11 of the Committee of Ministers to member States on the need to strengthen the 
protection and promotion of civil society space in Europe. 
144 Recommendation CM/Rec(2007)14 of the Committee of Ministers to member states on the legal status of non-
governmental organisations in Europe. 
145 https://www.coe.int/en/web/ingo/expert-council 
146 https://fom.coe.int/en/pays 
147  FRA  targeted  consultation  International  Organisations  summary  report,  pp.  2, 4.  For  example,  the  UN  Human 
Rights Office helps protect civil society actors by monitoring the global and national enabling environment for civic 
space,  leading  UN  efforts  to  monitor,  prevent  and  address  intimidation  and  reprisals  against  those  who  cooperate 
with  the UN. The Office  also advocates and provides  guidance and assistance  for: (i) adopting and implementing 
laws, policies and practices that identify threats and protect civil society  from attacks,  online and offline; and (ii) 
developing integrated protection networks at international, regional and national levels. 

19 

 
 
                                                           
their  ability  to  operate148  and  building  capacity  through  education  and  training  on  human 
rights149. 

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 association150. CSOs and rights defenders need sufficient financial resources to carry 
out their missions effectively151. Several Member States report that they have increased financial 
support  to  CSOs  in  general152  and  to  compensate  the  impact  of  the  COVID-19  pandemic153; 
international donors and the EU have significantly supplemented these efforts in recent years154. 
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 crisis155, 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 rights156. 

148  See  OSCE-ODIHR,  The  situation  of  human  rights  defenders  in  selected  OSCE  participating  states.  The  final 
report of the first assessment cycle (2017-2019) (2021), noting that regular monitoring and reporting on the situation 
of rights defenders takes place across the OSCE region. OSCE-ODIHR also provides expert advice, raises states’ 
awareness  on  obligations  to  protect  rights  defenders,  and  facilitates  dialogue  between  states  and  civil  society  on 
rights  defenders’  work.  OSCE-ODIHR  additionally  supports  NHRIs  and  other  defenders,  building  capacity  to 
conduct monitoring and reporting in a safe and secure manner. 
149 https://www.osce.org/odihr/human-rights-defenders 
150 See OSCE-ODIHR, Guidelines on freedom of association (2015), principle 7. 
151 Three Member States referred to providing support by non-financial means (FRA targeted consultation Member 
States summary report, p. 18). Support can also be through other means, such as capacity building, engagement and 
dialogue, protection and speaking out on behalf of CSOs. This report covers those activities in Chapters 2 and 5. 
152  For  example,  France  has  increased  funding  to  rights  defenders,  the  Defender  of  Rights  and  the  National 
Consultative  Commission  on  Human  Rights  (CNCDH),  between  2021  and  2022  (FRA  targeted  consultation 
Member  States  summary  report,  p.  19).  In  Germany,  funding  for  CSOs  through  the  ‘Live  Democracy’  federal 
programme  has  increased  significantly  since  2015  (FRA  targeted  consultation  Member  States  summary  report,  p. 
19). 
153 In Austria, a fund was set up in consultation with the organisations concerned to financially support non-profit 
organisations  to  cope  with  the  impact  of  the  COVID-19  pandemic  (2021  Rule  of  Law  Report,  Country  Chapter 
Austria, p. 18). 
154 The EEA and Norway Grants have also focused on long-term sustainability and capacity of civil society through 
the Active Citizens Fund. 
155 See 2021 Rule of Law Report, Communication, p. 24; See also, FRA, Protecting civic space in the EU (2021), 
p. 39, FRA, Europe’s Civil Society: Still Under Pressure (2022), p. 32; and Equinet, Legislating for stronger, more 
effective equality bodies (2021), p. 4. 
156 FRA targeted consultation EU umbrella CSOs summary report, p. 22. See also European Civic Forum, Towards 
vibrant  European  civic  and  democratic  space  (2022),  p. 37,  on  the  challenges  faced  by  some  CSOs  in  accessing 
European structural funding. 

20 

 
 
                                                           
The online consultation showed157 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 
Estonia158,  Latvia159,  Lithuania160,  and  Malta161  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  market162.  In  some 
Member States, such as Denmark, the Netherlands, and Sweden, public funding is available for 
fundamental  rights  advocacy163.  Several  Member  States  also  offer  funding  to  cover  CSOs’ 
administrative and infrastructure costs to some extent164. 

Some Member States also provide favourable taxation systems for donations to CSOs165, which 
encourage private donations. Most Member States allow CSOs to receive subsidies, grants  and 
donations  tax-free166.  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 purposes167. 

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  funding168.  An  additional 

157 2022 FRA Charter consultation: Question (L) Obstacles under ‘Financing Framework’. 
158 Under the National Foundation for Civil Society (2022 Rule of Law Report, Country Chapter Estonia, p. 15). 
159 Under the NGO Fund, the state’s budget programme (2022 Rule of Law Report, Country Chapter Latvia, p. 18). 
160 Under the national NGO Fund (2022 Rule of Law Report, Country Chapter Lithuania, p. 20). 
161 For example, the Maltese Civil Society Fund (FRA targeted consultation EU umbrella CSOs summary report, p. 
20). 
162 2022 Rule of Law Report, Country Chapter Finland, p. 19. 
163 FRA targeted consultation Member States summary report, p. 20. 
164  For  example,  in  Croatia  and  Denmark,  public  funding  is  available  for  CSOs’  core  costs.  In  Slovenia  and 
Sweden,  covering  administrative  expenditure  is  allowed  within  the  project  budget  (FRA  targeted  consultation 
Member States summary report, pp. 17-18). 
165 See FRA, Protecting civic space in the EU (2021), p. 8. 
166  FRA  targeted  consultation  Member  States  summary  report,  p. 21.  Slovenia  and  Slovakia  have  tax  designation 
systems  that  allow  individuals  and  corporations  assign  a  percentage  of  paid  income  tax  to  publicly  beneficial 
purposes, including CSOs (FRA targeted consultation Member States summary report, pp. 17-18). 
167 FRA targeted consultation Member States summary report, p. 21.   
168 FRA targeted consultation EU umbrella CSOs summary report, p. 22. See also FRA, Europe’s civil society: still 
under pressure (2022), p.32. 

21 

 
 
 
                                                           
challenge reported by CSOs is short-term project funding, which is gradually replacing longer-
term funding or funding for administrative expenditure169. 

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 legislation170 that requires assessment criteria to be made 
public. 

Most  Member  States  also  have  plans  to  simplify  and  speed  up  access  to  funding,  including 
through digitalisation171.  For example,  in  Slovakia  and Croatia, new online systems  are being 
created to simplify public funding administrative processes172. 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)173.  Such  barriers  can  be  practices  that  block  CSOs’  access  to 
public funds by considering their advocacy activities as political activities174, which affects their 
tax-exempt status175, and rules on foreign donations176. CSOs working in certain sensitive areas, 
such  as  LGBTIQ  rights  and  gender  equality,  including  advocacy  and  strategic  litigation 
activities177, face further exclusion from public funding178. 

169 See FRA, Challenges facing civil society organisations working on human rights in the EU (2018), p. 32. 
170 Law 38/2003 of 17 November 2003 on General Subsidies. 
171 FRA targeted consultation Member States summary report, p. 20. 
172 FRA targeted consultation Member States summary report, pp. 20-21. 
173  In  Hungary,  questions  have  been  raised  about  the  state’s  role  in  financing  civil  society.  According  to 
stakeholders, the government has centralised the distribution of funding through the National Cooperation Fund and 
favours  financing  so-called  GONGOs.  In  2021,  Hungary  lost  its  eligibility  for  the  EEA  and  Norway  grants  as  it 
failed  to  agree  on  an  independent  grant  operator  in  charge  of  managing  civil  society  funding.  See  on  both  points 
2022  Rule  of  Law  Report,  Country  Chapter  Hungary,  pp.  30-31.  In  Poland,  concerns  raised  by  CSOs  about  the 
functioning  of  the  National  Institute  of  Freedom  –  Centre  for  Civil  Society  Development,  responsible  for  the 
distribution of government funding and nationally attributed EU funding to NGOs, have not been addressed (2021 
and 2022 Rule of Law Report, Country Chapter Poland, pp. 27 and 29 respectively). 
174  In  Ireland,  CSOs  have  raised  concerns  about  the  impact  of  the  Electoral  Act  prohibiting  donations  above  a 
certain  threshold  for  ‘political  purposes’  or  from  foreign  donors  (2020,  2021  and  2022  Rule  of  Law  Reports, 
Country Chapter Ireland, pp. 15 and 18 and 20 respectively). 
175 In Germany, the legal uncertainty regarding the political activity of CSOs with a tax-exempt status continues to 
be  a  challenge  although  a  reform  of  the  rules  has  been  announced  (2022,  2021,  and  2020  Rule  of  Law  Reports, 
Country Chapter Germany, pp. 24, 17 and 12 respectively). 
176  FRA  targeted  consultation  EU  umbrella  CSOs  summary  report,  pp.  14,  20;  CJEU  judgment  of  18 June  2020, 
Commission v Hungary, C-78/18, EU:C:2020:476. 
177 As reported in the Commission,  Feasibility study for financial support for litigating cases relating to violations 
of democracy, rule of law and fundamental rights (2020), p. 3, 85% of respondents indicated that a lack of adequate 
funding represents an obstacle to litigation, legal counselling and support on fundamental rights ‘to a high extent’. 
178  In  Slovakia,  a  legal  reform  has  restricted  subsidies  to  CSOs  that  promote  marriage  and  family  values,  thus 
excluding CSOs active in gender equality and LGBTIQ rights (FRA targeted consultation ENNHRI and EQUINET 
summary report, p.8; 2022 and 2021 Rule of Law Reports, Country Chapter Slovakia, pp. 23 and 20 respectively). 

22 

 
 
                                                           
 
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 levels179. 

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 
degrees180.  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 practices181. 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 

In Czechia, obstacles to access public funding have been reported by stakeholders, in particular for CSOs engaged 
in  environmental-,  rule  of  law-,  LGBTIQ-  and  asylum-related  issues  and  advocacy  (2022  Rule  of  Law  Report, 
Country Chapter Czechia, p. 20). 
179 https://ec.europa.eu/info/departments/justice-and-consumers/justice-and-consumers-funding-tenders/funding-
programmes/citizens-equality-rights-and-values-programme_en. It follows the previous Rights, Equality and 
Citizenship programme, https://ec.europa.eu/justice/grants1/programmes-2014-2020/rec/index_en.htm. 
180 2022 FRA Charter consultation: Question (N) The European Commission’s funding programmes in the area of 
rights and values (‘CERV programme’). 
181 Under the last call for proposals, EUR 2 million were awarded to seven projects on, among others, building legal 
practitioners’ knowledge on the use of the Charter, supporting the enforcement of CJEU jurisprudence on LGBTIQ 
equality, and strategic litigation in support of the rule of law. The projects cover 14 Member States and involve 30 
CSOs, 
https://ec.europa.eu/info/funding-tenders/opportunities/portal/screen/opportunities/topic-details/cerv-
2022-char-liti. 

see 

23 

 
 
 
 
                                                                                                                                                                                           
many grassroots CSOs, which promote and protect EU values182. 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 values183. 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 beneficiaries184. In 2021, the CERV programme provided around EUR 91.8 million in 
funding185. This increased to around EUR 200 million in 2022186. 

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 mentors187. As from 2023, framework partners will 

182 The first re-granting call in 2022 received 40 proposals from intermediaries with a total request for funding of 
EUR 120 million. Altogether 16 proposals were selected, amounting to EUR 51 million. The funded proposals cover 
16  Member  States  and  include  49  intermediaries.  In  each  project,  intermediaries  plan  to  distribute  on  average 
EUR 25 000 per CSO to an average of 100 CSOs. The projects will run for the next 3 years. Two additional CERV 
re-granting calls are planned up until 2027. 
183 Following a call for proposals in April 2021, 73 European organisations were granted financial support to cover 
their  operational  costs  for  4  years  (total  budget  of  EUR 25.3  million).  These  framework  partners  can  re-grant  EU 
funding to their members at national and local levels, with EUR 5.8 million available, see call-fiche_cerv-2021-og-
fpa_en.pdf (europa.eu). 
184 In the first 2 years of the CERV programme, about 600 projects were awarded a total of around EUR 260 million. 
185 These  included  support  for  training,  seminars  and  learning  events,  research  and  studies,  awareness  raising  and 
media campaigns aimed at the public. 
186 https://ec.europa.eu/info/sites/default/files/1_en_annexe_acte_autonome_part1_v8.pdf 
187  Such  as  Women  against  Violence  Europe,  Stichting  European  Roma  Grassroots  Organisations  Network, 
International  Lesbian,  Gay,  Bisexual,  Trans  and  Intersex  Association  Europe,  International  Planned  Parenthood 
Federation’s  European  Network.  From  February  to  April  2022,  the  Polish  Schuman  Foundation,  a  framework 
partner,  ran  a  social  media  campaign  about  EU  activities  in  the  context  of  the  war.  It  also  organised  a  series  of 

24 

 
 
                                                           
 
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 authorities188, 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 areas189.  

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 2021190. Lastly, 
the civil society empowerment programme funds training for civil society to create narratives 
countering violent extremism191. 

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 

or 

law 

rights 

fundamental 

(JUST-2021-JTRA), 

meetings  on  the  situation  and  volunteers’  needs  on  the  ground,  including  psychological  support  and  training  for 
volunteer mentors. 
188  Call  for  proposals  for  action  grants  to  support  transnational  projects  on  judicial  training  covering  civil  law, 
criminal 
https://ec.europa.eu/info/funding-
tenders/opportunities/portal/screen/programmes/just2027.  For  example,  the  CSO-led  project  ‘Pioneering  anti-
SLAPP  training  for  freedom  of  expression’  trains  lawyers  representing  journalists  and  rights  defenders  in  11 
Member States. 
189 https://research-and-innovation.ec.europa.eu/funding/funding-opportunities/funding-programmes-and-open-
calls/horizon-europe_en. For example, in the MIICT project, a consortium of CSOs aim to address the challenge of 
migrant integration by co-creating improved ICT services with migrants, refugees, public sector services, NGOs and 
other interest groups. The Re-InVEST project focuses on rebuilding an inclusive, value-based Europe of solidarity 
and  trust  through  social  investments.  The  DigiGen  research  project  studies  how  children  are  affected  by  digital 
transformation. 
190  https://erasmus-plus.ec.europa.eu/.  For  example,  Erasmus+  co-funds  the  European  Youth  Forum,  a  platform 
representing over 100 youth organisations, which works to ‘empower young people to participate actively in society 
to improve their own lives by representing and advocating their needs and interests and those of their organisations.’ 
In addition, via annual calls for proposals, umbrella organisations in the field of education and training can apply for 
funding too. One such example is the Lifelong Learning Platform, which gathers 42 European CSOs active in the 
field  of  education,  training  and  youth  representing  more  than  50  000  educational  institutions  and  associations 
covering all sectors of formal, non-formal and informal learning. 
191 https://ec.europa.eu/home-affairs/networks/radicalisation-awareness-network-ran/civil-society-empowerment-
programme_en 

25 

 
 
                                                                                                                                                                                           
thematic programme for civil society organisations and the thematic programme for human 
rights and democracy under NDICI-Global Europe192.  

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 space193 and to make it possible for CSOs and rights 
defenders to  help  shape  national  and EU policies194. 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  report195,  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 consultations196. 

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. 

at 

Plans 

respective 

Multi-annual 

Implementation 

192 See 
partnerships/system/files/mip-2021-c2021-9158-civil-society-organisations-annex_en.pdf 
https://ec.europa.eu/international-partnerships/system/files/mip-2021-c2021-9620-human-rights-democracy-
annex_en.pdf  
193  See  the  Charter  strategy,  p. 10,  noting  that  ‘the  Commission  will  support  an  enabling  environment  for  civil 
society organisations, in particular through the new Union values strand of the Citizens, Equality, Rights and Values 
programme’ and that ‘the Commission invites Member States to promote a supportive and safe environment for civil 
society organisations and rights defenders in their country, including at local level’. 
194 FRA, Protecting civic space in the EU (2021), pp. 6, 14. 
195 2022 FRA Charter consultation: Question (K) Obstacles under ‘Participation and cooperation with authorities’. 
196 FRA, Protecting civic space in the EU (2021), p. 9. 

https://ec.europa.eu/international-
and 

26 

 
 
 
 
                                                           
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 views197. 
Similarly,  many  Member  States  facilitate  stakeholder  participation  through  online  consultation 
platforms,  which  provide  information  on  ongoing  consultations198.  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 contribute199. 

In several Member States, general rules on conducting legislative impact assessments enable the 
impact of a legislative proposal on civil society to be assessed200. 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 
space201.  In  Latvia,  the  impacts  of  proposals  on  human  rights,  democratic  values  and  the 
development of civil society are assessed as horizontal impacts202. 

Permanent  dialogue  structures  are  essential  to  support  the  development  of  civil  society203. 
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 participation204. In Finland, 
the  Advisory  Board  for  Civil  Society  Policy  was  created  to  promote  interaction  between  the 
government  and  civil  society205.  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 
level206. 

197 FRA targeted consultation Member States summary report, p. 25. 
198 FRA targeted consultation Member States summary report, p. 25. 
199 https://www.zukunftsraumland.at/seiten/185  
200 FRA targeted consultation Member States summary report, p 24. 
201 FRA targeted consultation Member States summary report, p. 14. 
202 FRA targeted consultation Member States summary report, p. 15. 
203 FRA, Protecting civic space in the EU (2021), p. 23. 
204 FRA  targeted consultation  Member States summary report,  p. 24. According  to the 2022 Rule of  Law  Report, 
stakeholders report that involving CSOs in public decision-making in Czechia is not yet systematic. The strategy for 
cooperation between public administration and NGOs, from July 2021, contains measures to support partnership and 
cooperation between public administration and the non-profit sector. A public consultation was organised in January 
2022 on a draft methodology so that civil society can participate in advisory and working bodies and help develop 
central  administrative  authorities’  legislative  and  non-legislative  materials.  Following  the  approval  by  the 
Government Council of NGOs, the methodology will be validated by the end of 2024 (2022 Rule of Law Report, 
Country Chapter Czechia, pp. 19-20). 
205 FRA targeted consultation Member States summary report, p. 24. 
206 FRA targeted consultation Member States summary report, p. 24.  

27 

 
 
                                                           
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 issues207. 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 Origin208.  In Portugal, the Economic and Social Council  provides a forum 
for dialogue between social partners and CSOs on socio-economic issues209. 

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  bodies210.  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 initiative211. Four Member 
States have not yet set up an accredited NHRI in line with the UN Paris Principles212. 

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 

207 FRA targeted consultation Member States summary report, p. 5.  
208 FRA targeted consultation Member States summary report, p. 3, 
209  The  2022  Rule  of  Law  Report  confirms  that,  despite  certain  challenges,  CSOs  in  Portugal  continue  to  be 
involved in government initiatives, in particular in civic participation and gender equality, 2022 Rule of Law Report, 
Country Chapter Portugal, pp. 1, 17-18, 23-24. 
210 FRA targeted consultation ENNHRI and EQUINET summary report, p. 4. 
211 FRA targeted consultation ENNHRI and EQUINET summary report, pp. 6, 13. 
212 According to the 2022 Rule of Law Report, the creation of a NHRI in Italy is still pending due to delays in the 
legislative process. The report recommends Italy to step up efforts to establish a NHRI, taking into account the UN 
Paris Principles, and that the democratic participation of CSOs should be promoted through a permanent advisory 
board (2022 Rule of Law  Report,  Country Chapter Italy, pp. 1, 23). Similar recommendations have been  made to 
Czechia, Malta, and Romania. 

28 

 
 
                                                           
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 life213. 

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 generally214. 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 toolbox215 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  portal216  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 

213 CJEU judgment in case C-78/18, Commission v Hungary, cit., paragraph 112, referring to ECtHR judgments of 
17 February  2004,  Gorzelik  and  Others  v  Poland,  app.  No 44158/98,  §§  88,  90  and  92,  and  of  8 October  2009, 
Tebieti Mühafize Cemiyyeti and Israfilov v Azerbaijan, app. No 37083/03, §§ 52-53. 
214 Tool #11 of the Better Regulation Toolbox (2021) 
215 https://ec.europa.eu/info/law/law-making-process/planning-and-proposing-law/better-regulation-why-and-
how/better-regulation-guidelines-and-toolbox_en 
216 https://ec.europa.eu/info/law/better-regulation/have-your-say_en 

29 

 
 
 
                                                           
may  supplement  their  contribution  with  written  contributions,  such  as  position  papers. 
Contributions can be made in any of the 24 official EU languages217. 

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 proceedings218. 

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 rights219. 

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)220. Over 160 CSOs contributed to the public consultation on the White 
paper on AI221. They provided valuable input to the proposal for a regulation on AI222, 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 
diligence223,  the  anti-SLAPP  package224,  the  proposal  for  the  establishment  of  the  European 
health  data  space225,  the  Commission  Recommendation  on  the  protection,  safety  and 
empowerment  of  journalist  and  other  media  workers226  and  the  legislative  initiative  to 

217 Better Regulation toolbox pp. 113-132, 446. 
218 https://ec.europa.eu/info/about-european-commission/contact/problems-and-complaints/complaints-about-
breaches-eu-law/how-make-complaint-eu-level_en 
219 https://www.ombudsman.europa.eu/en/home  
220  CSOs  were  members  of  the  High-Level  Expert  Group  on  AI,  which  produced  the  Ethics  Guidelines  for 
Trustworthy AI, and a self-assessment tool for developers and deployers of AI systems. 
221 https://ec.europa.eu/info/sites/default/files/commission-white-paper-artificial-intelligence-feb2020_en.pdf 
222  COM(2021)  206  final.  CSOs  also  maintain  an  active  dialogue  with  the  Commission  and  the  EU  co-legislator 
during the legislative process. They are seen as key partners in the future multi-stakeholder expert group that  will 
support the legislation’s implementation after its adoption. 
223  The  open  public  consultation  received  responses  from  1 620  NGOs,  5  consumer  organisations  and  4 
environmental 
https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12548-
Sustainable-corporate-governance/public-consultation_en.  A  roundtable  meeting  was  organised  with  CSOs,  and 
several meetings took place between the Commission, rights defenders and environmental organisations. 
224  Results  available  at:  https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13192-EU-action-
against-abusive-litigation-SLAPP-targeting-journalists-and-rights-defenders/public-consultation_en. 
225 COM(2022) 197 final. The open public consultation received 382 valid responses, including from 84 NGOs and 
4 consumer organisations. Views were collected on a  wide range of issues, including access to health data, health 
data interoperability, digital infrastructure, requirements for digital health solution providers, secondary use of data 
and data quality requirements, https://ec.europa.eu/commission/presscorner/detail/en/ip_21_2083. 
226  Commission  Recommendation  (EU)  2021/1534  of  16 September  2021  on  ensuring  the  protection,  safety  and 
empowerment  of  journalists  and  other  media  professionals  in  the  European  Union,  prepared  in  consultation  with 
organisations and associations representing journalists or providing support to journalists. 

organisations, 

30 

 
 
 
                                                           
strengthen the role and powers of equality bodies227. Consultations with civil society are also 
an  integral  part  of  preparing  and  implementing  EU  trade  agreements228.  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  Strategy229  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 framework230 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)231  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  programmes232  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’)233. It also provides for a ‘partnership’ with a number of regional, local and 

227 Numerous consultation activities were organised with CSOs, including three workshops, a final conference and 
the youth policy dialogue. Altogether 38 CSOs replied to the public consultation on the initiative (representing 21% 
of  respondents).  In  addition  to  their  participation  in  these  consultation  activities,  all  equality  bodies  and  Equinet 
were interviewed and replied to targeted surveys.  
228  The  Commission  publishes  its  recommendations  for  negotiating  directives  so  that  civil  society  can  give 
comments. A highly participatory sustainability impact assessment is carried out to provide more in-depth analysis 
of the potential economic, social, human rights, and environmental impact of each ongoing trade negotiation. After 
negotiations,  the  Commission  publishes  the  final  text  of  the  agreement  and  the  reports  and  agendas  of  the 
committees  and  dialogues  set  up  as  part  of  the  trade  agreements.  Once  the  agreement  comes  into  force,  the 
Commission publishes an ex post evaluation of the impact of the agreement, which draws in large measure on input 
from stakeholders, including civil society. 
229 COM(2020) 698 final. 
230 COM(2020) 620 final. 
231  Regulation  (EU)  2021/1060  of  the  European  Parliament  and  of  the  Council  of  24  June  2021  laying  down 
common  provisions  on  the  European  Regional  Development  Fund,  the  European  Social  Fund  Plus,  the  Cohesion 
Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for 
those  and  for  the  Asylum,  Migration  and  Integration  Fund,  the  Internal  Security  Fund  and  the  Instrument  for 
Financial Support for Border Management and Visa Policy, OJ L 231, 30.6.2021, pp. 159–706. To support Member 
States,  the  Commission  is  developing  a  digital  training  manual  to  help  ensure  the  Charter  is  respected  when 
implementing the funds concerned. 
232 The European Regional Development Fund (ERDF), the Cohesion Fund, the Just Transition Fund, the European 
Social Fund Plus (ESF+), the European Maritime and Fisheries Fund, the Asylum and Migration Fund, the Internal 
Security Fund and the Border Management and Visa Instrument. 
233  Article 15  of  and  Annex  III  to  the  CPR.  Article 8  of  the  CPR  requires  Member  States  to  involve  CSOs  in  the 
preparation  of  partnership  agreements  and  throughout  the  preparation,  implementation  and  evaluation  of 
programmes,  including  in  monitoring  committees.  Article 9(1)  of  the  CPR  requires  Member  States  and  the 
Commission  to  ensure  respect  for  fundamental  rights  and  compliance  with  the  Charter  in  implementing  funds 

31 

 
 
                                                           
 
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 condition234. They must, where relevant, allocate appropriate resources from 
the funds to the administrative capacity building of social partners and CSOs235. 

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 programmes236.  In  Romania,  the managing  authorities of 
each programme have set up monitoring committees that include CSOs for all programmes237. 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 
Charter238. 

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  Platform239,  the  European 

by 

See 

the  CPR. 

https://ec.europa.eu/info/funding-tenders/find-funding/funding-management-

covered 
mode/common-provisions-regulation_en. 
234  Such  as  those  responsible  for  promoting  social  inclusion,  fundamental  rights,  the  rights  of  persons  with 
disabilities, gender equality and non-discrimination, as well as environmental partners. See also Chapter 2. 
235 Article 8 CPR. 
236 FRA targeted consultation Member States summary report, p. 26. 
237  FRA  targeted  consultation  Member  States  summary  report,  p.  26.  Similarly,  in  Slovakia,  CSOs  participate  in 
monitoring CPR programmes as members of monitoring committees and working groups. A monitoring system for 
the horizontal enabling condition on the effective application and implementation of the Charter is being set up by 
the  Ministry  of  Labour  (FRA  targeted  consultation  Member  States  summary  report,  p. 26).  In  Spain,  CSOs  are 
represented  in  the  monitoring  committees  of  each  operational  programme  co-financed  by  the  ERDF,  ESF+, 
European  agricultural  guarantee  fund  (EAGF)  and  European  Agricultural  Fund  for  Rural  Development  (EAFRD) 
funds.  Their  involvement  focuses,  among  others,  on  approving  the  selection  criteria,  implementation  reports  and 
public  summaries  (FRA  targeted  consultation  Member  States  summary  report,  p.  26). In  Finland,  the  monitoring 
committee  appointed  to  oversee  the  EU’s  regional  and  structural  policy  programme  for  2021-2027,  led  by  the 
Ministry  of  Economic  Affairs  and  Employment,  includes  two  representatives  of  organisations  responsible  for 
promoting  social  inclusion,  fundamental  rights,  rights  of  persons  with  disabilities,  gender  equality,  and  non-
discrimination (FRA targeted consultation Member States summary report, p. 26). 
238 FRA targeted consultation Member States summary report, p. 26. 
239 https://ec.europa.eu/social/main.jsp?langId=en&catId=89&newsId=10124&furtherNews=yes  

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Migration  Forum240,  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 society241.  

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  2025242,  the  Civil  Society  Forum  on  Drugs243  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 EU244. 

Civil society is also a key partner of the EU in promoting a stronger rule of law culture. When 
preparing the annual rule of law reports, the Commission holds meetings with stakeholders, such 
as  European  networks,  national  and  European  CSOs,  and  professional  organisations245.  CSOs 
and rights defenders also provide written contributions to the reports. This is essential for having 
an  informed  assessment  of  the  areas  covered  by  the  reports,  namely  justice  systems,  anti-
corruption  systems,  media  pluralism  and  media  freedom,  and  other  institutional  checks  and 
balances. 

A regular civil society dialogue246 and domestic advisory groups247 also take place on EU trade 
issues,  and  civil  dialogue  groups  help  the  Commission  maintain  a  regular  dialogue  on  all 

is 

civil 

from 

society, 

including  23  members 

composed  of  34  members, 

240 https://home-affairs.ec.europa.eu/policies/migration-and-asylum/legal-migration-and-integration/european-
migration-forum-emf_en 
241 The  Platform 
https://ec.europa.eu/info/policies/justice-and-fundamental-rights/criminal-justice/protecting-victims-rights/victims-
rights-platform_en.  
242 https://romacivilmonitoring.eu/  
243 The Civil Society Forum on Drugs in the EU is a Commission expert group to support drug policy formulation 
and implementation. It was created in 2007 and is currently composed of 43 members representing a range of drug 
policy areas, including harm reduction, treatment, prevention, social reintegration, etc.  
244 https://digital-strategy.ec.europa.eu/en/policies/code-practice-disinformation 
245  Civil  society  have  been  active  in  offering  feedback  and  recommendation  on  the  rule  of  law  report  as  a 
mechanism:  joint-statement-on-rule-of-law-reports-22-09-21-epd.pdf.  The  Commission  is  reflecting  on  ways  to 
respond  to  this  feedback  and  improve  involvement,  for  example,  in  2022  it  included  country-specific 
recommendations, a request from CSOs. 
246  There  are  currently  around  360  organisations  registered  in  the  Civil  Society  Dialogue  database,  including 
traditional non-governmental organisations, employers’ organisations, trade union organisations, environmental and 
consumer  associations,  business  associations,  faith-based  groups,  as  well  as  representatives  of  the  European 
Economic and Social Committee. A contact group of 13 members supports the civil society dialogue. 

33 

 
 
                                                           
common  agricultural  policy  issues248.  The  Commission  also  maintains  a  structured  civil 
dialogue  with  CSOs  active  in  the  fields  of  disability,  social  exclusion  and  poverty249  and  the 
cultural and creative sectors250. 

A significant opportunity to exchange with civil society and human rights defenders in the EU’s 
external action  is  the  annual  EU-NGO Human  Rights Forum co-organised by the  European 
External  Action  Service,  the  Commission  and  the  civil  society  umbrella  ‘Human  Rights  and 
Democracy  Network  (HRDN)’.  This  event  brings  together  hundreds  of  CSOs,  human  rights 
defenders,  and  representatives  from  the  UN  and  EU  institutions  to  discuss  the  most  pressing 
human rights issues251. 

The  EU’s  main  platform  for  structural  dialogue  between  the  EU  and  CSOs  networks  on 
development  issues,  including  on  issues  of  an  enabling  environment  for  civil  society  in  EU 
partner countries is the Policy Forum on Development (PFD). 

At  EU  partner  country  level,  support  for  civil  society  is  framed  by  110  CSO  Country 
Roadmaps;  EU and Member States  strategies for engagement with  civil society, reflecting the 
core priorities of the EU, including a heightened focus on support for an enabling environment 
for  civil  society.  The  new  generation  of  Roadmaps  additionally  focus  on  the  inclusion  of  civil 
society, including women’s, youth and local organization, in policy dialogue at country level.  

6.  Conclusion 

Civil society is an essential part of our democracies and instrumental for putting into practice the 
fundamental  values  on  which  the  EU  is  founded.  CSOs  and  rights  defenders  are  invaluable 
partners in making fundamental rights a reality in people’s lives. They have continuously shown 
great  strength  and  tremendous  resilience  in  very  challenging  circumstances,  especially  during 
recent crises. 

247 https://policy.trade.ec.europa.eu/eu-trade-relationships-country-and-region/transparency-eu-trade-
negotiations/domestic-advisory-groups_en  
248 https://ec.europa.eu/info/food-farming-fisheries/key-policies/committees-and-advisory-councils/civil-dialogue-
groups_en. In particular, as part of the EU’s work to protect geographical indications, frequent contact with CSOs 
support  Member  States  and  the  Commission  by  providing  feedback  on  how  the  mechanism  is  working  and 
identifying areas where further action is needed. 
249  The  main  event  of  the  civil  dialogue  is  the  Annual  Convention  on  Inclusive  Growth,  a  1-day  event  bringing 
together around 450 stakeholders to discuss a topic particularly relevant for developing the EU’s social agenda. The 
civil dialogue also includes the European Meeting of People Experiencing Poverty. 
250 https://voicesofculture.eu/  
251 The 23rd edition of the Forum in 2021 discussed a  human rights-based recovery from the pandemic and made 
specific  recommendations  to  policymakers  (https://www.eeas.europa.eu/eeas/eu-ngo-human-rights-forum_en),  and 
recent past Forums have tackled subjects such as environmental human rights defenders and shrinking civic space. 

34 

 
 
 
                                                                                                                                                                                           
A  sustained  and  joint  effort  is  therefore  needed  by  Member  States  and  the  EU  to  ensure  that 
CSOs and rights defenders can operate in an enabling environment as key partners for protecting 
our democracies, including from foreign autocrats targeting our own countries252. 

This  report  shows  that  Member  States  and  the  EU  are,  to  varying  degrees,  taking  measures  to 
protect, support and empower civil society actors. It  also shows the range of opportunities  that 
CSOs  and  rights  defenders  have,  as  valuable  partners  of  the  decision-makers,  for  making  their 
views known on legislation and policymaking. At the same time, many challenges persist. 

As  highlighted  by  CSOs253,  the  European  Parliament254,  and  the  Conference  on  the  Future  of 
Europe255, there is a need to step up the work towards an enabling and empowering civic space 
through concrete and targeted measures tailored to the specific characteristics of CSOs and rights 
defenders. The challenges that CSOs and rights defenders are facing, and the responses needed, 
may differ depending on the national situation and topic. However, the EU’s common objective 
should remain the same: to protect, support and empower CSOs and rights defenders. 

The  Commission  welcomes  the  strong  engagement  and  contributions  from  civil  society  actors, 
the European Parliament, the Council and Member States, as well as the European Economic and 
Social Committee and the Fundamental Rights Agency in preparing this report. This provides a 
good foundation for further work together on the topic. 

The Commission encourages other EU institutions, Member States and stakeholders to use this 
report to discuss its findings and develop a dialogue on civic space in the EU. In particular, the 
Commission encourages the European Parliament and the Council to have a dedicated discussion 
on  the  findings  of  the  report.  To  support  this  debate,  the  Commission  will  launch  a  targeted 
dialogue  with  stakeholders  through  a  series  of  thematic  seminars  on  safeguarding  civic  space, 
focusing on how the EU can further develop its role to protect, support and empower CSOs and 
rights  defenders  to  address  the  challenges  and  opportunities  identified  in  this  report.  These 
seminars  could  examine  themes  such  as  protecting  the  digital  civic  space,  how  to  better  target 
EU and national funding to support CSOs and rights defenders, and ways to empower the civic 
space  to  bolster  our  democratic  resilience.  The  outcome  of  this  debate  will  be  presented  and 
discussed in a European high-level roundtable meeting in 2023. 

252  In  2023,  the  Commission  will  put  forward  a  Defence  of  Democracy  Package  to  deepen  the  action  under  the 
European Democracy Action Plan; COM(2022) 548 final, p. 11. 
253  See  European  Civic  Forum  and  Civic  Space  Watch,  Towards  vibrant  European  civic  and  democratic  space 
(2022), Civil Society Europe, European Commission work programme 2023: the need to include the development of 
a  European  Civil  Society  Strategy  (2022),  Recharging  Advocacy  for  Rights  in  Europe,  Advocacy  brief  on  an 
European strategy for civil society: recognition, inclusion, protection (2022). 
254 See footnote 83 on the two European Parliament reports.  
255 See footnote 36 on the Conference proposals. 

35