Opinion of the European Committee of the Regions – The local and regional perspective in the implementation of the Rule of Law in the European Union
Date: 2025-04-02
Institutions: Commission for Citizenship, Governance, Institutional and External Affairs, European Committee of the Regions
Subjects: administrative transparency, autonomy, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law








C_202503169EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/3169


20.6.2025






Opinion of the European Committee of the Regions – The local and regional perspective in the implementation of the Rule of Law in the European Union
(C/2025/3169)








Rapporteur
: Stephen DE RON (LU/Greens), Member of the Hesperange Municipal Council


Reference document
: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – 2024 Rule of Law Report – The rule of law situation in the European Union
COM(2024) 800 final





POLICY RECOMMENDATIONS

THE EUROPEAN COMMITTEE OF THE REGIONS (CoR),

The rule of law: the unwavering foundation of the European project









1.


reiterates emphatically that the rule of law remains the cornerstone of the European project (1) which ensures legal certainty and the protection of fundamental rights, as well the solidarity among Member States, their citizens and their regions; it is also an essential pre-condition for the functioning of democracy at all levels;












2.


maintains that in a context of geopolitical crises, green transformation, digital revolution and demographic challenges, a strengthened rule of law must actively be adhered to. Local and regional authorities (LRAs), thanks to their proximity to citizens and their responsibility for delivering public services which enable the exercise of rights and freedoms listed in the European Charter of Fundamental rights, are therefore first in line when it comes to identifying possible threats to the rule of law at an early stage and in implementing the European Union’s fundamental values in practice in everyone’s daily lives;





The rule of law under pressure: threats and democratic abuses









3.


notes, however, that despite the fact that multiple protection mechanisms exist (the procedure set out in Article 7 of the Treaty on European Union and the infringement procedure under Article 258 of the Treaty on the functioning of the European Union (TFEU) (2), Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the EU budget (3), the annual Rule of Law report), judicial independence, media freedom and civic participation are often called into question. In this regard, political bodies must fully respect the independence of the judiciary and accept its conclusions with all due consideration. The cumulative effects of these abuses weaken territorial cohesion and undermine democracy and the legitimacy of European action. In such an uncertain environment, where judicial independence is at risk and there is interference in sectors that are so important for the rule of law, such as the media, it is essential to take measures to strengthen implementation of the aforementioned mechanisms;












4.


stresses that the European Commission’s 2024 report on the rule of law (4) highlights several cross-cutting challenges such as the lack of protection for whistle-blowers, conflicts of interest which persist, serious doubts about judicial independence and even obstacles to press freedom and civil society. It also highlights promising progress: the adoption of transparency laws, the establishment of more independent control bodies and increased citizen participation in certain policies;












5.


welcomes the extension of the scope of the annual report on the rule of law beyond the EU’s borders, namely for the first time in 2024 to the candidate countries Albania, Montenegro, North Macedonia and Serbia, and invites the Commission to extend the report to all candidate countries;





Local and regional authorities – watchdogs for European democracy









6.


points out that the rule of law cannot be boiled down to a set of technical and legal norms; it is based first and foremost on a culture of legality, of fairness and of human dignity;












7.


highlights that national, local and regional authorities (LRAs) are seen as key guardians of democracy and the protection of the EU’s fundamental values, not only by actively countering attacks against them, but also by avoiding passivity or complicity in practices that threaten democracy or the separation of the powers that safeguard the rule of law. Although the primary responsibility lies with the national level, LRAs also play a very important role but still face budgetary and institutional constraints that could limit their capacity to act;












8.


reiterates the fact that multilevel governance is an absolute necessity for guaranteeing the effectiveness and sustainability of the rule of law. It is therefore essential to ensure that local and regional authorities are properly integrated into monitoring and alert systems, in order to better protect democratic principles at local and regional level;












9.


highlights that the position of local and regional authorities, as the level of governance closest to citizens, enables them to identify early warning signs of rule of law breaches; in that respect encourages the European Commission to integrate better the opinions of regional and local authorities in the targeted consultations organised in preparation of the Rule of Law report;












10.


stresses that, in this context, these authorities are often responsible for the administration of essential sectors such as education, health, planning, social inclusion and the environment. As such, they play an important role in providing mechanisms of civil engagement thus enhancing the political legitimacy and accountability of institutions, building a culture of respect for fundamental rights and preserving the rule of law;












11.


underlines that it is imperative to invest not just in monitoring and sanction instruments but also in awareness-raising and training for elected representatives, administrative staff, the judiciary and law enforcement officials;












12.


stresses the importance of civic education and, whilst bearing in mind that education is a Member State competence, encourages the integration of the fundamental principles of the rule of law into curricula at all levels of education;












13.


calls on the EU to fully play its role as a catalyst by developing capacity-building programmes, facilitating the exchange of best practices and supporting bridge-building and cross-border projects. Lastly, it highlights the need to ensure overall consistency when promoting and consolidating democratic principles across all European policies;












14.


warns that without effective financial levers and suitable monitoring mechanisms, the principles of the rule of law may not be applied. Protecting the EU’s fundamental rights requires a budgetary framework that reinforces democratic accountability and prevents any form of instrumentalisation of European funds for purposes contrary to the EU’s commitments; the Committee therefore eagerly awaits the further measures to strengthen the rule of law announced in the political guidelines of Commission President Ursula von der Leyen;





Protecting the rule of law: a pressing need for Europe









15.


underlines, therefore, that European funds must remain a lever for democratic stability and for strengthening the rule of law and not an instrument of political arbitration that is subject to varying interpretations. The EU has a responsibility to ensure that every euro invested reflects its core values, thus ensuring that European funding does not benefit schemes that depart from such values. To this end, strict and transparent budgetary conditionality criteria must be applied, while ensuring that such criteria are targeted, proportionate and fair so that local and regional authorities engaged in exemplary democratic governance are not penalised;












16.


with this in mind, highlights the strategic importance of Regulation (EU) 2020/2092, which makes access to EU funds conditional on compliance with the principles of the rule of law. This tool is essential for preventing and correcting the systemic abuses that could undermine European democratic order. However, it must be implemented consistently and pragmatically so as to avoid financial sanctions being imposed on regional and local authorities and on citizens, even though they are not responsible for breaches committed at national level;












17.


draws attention, therefore, to the risks linked to the suspension or loss of EU financing for certain regions and calls on the Commission to implement the current legislative framework as strictly as possible, specifically the obligations under Article 5(2) of Regulation 2020/2092, which requires Member States’ authorities to implement the programme affected by the suspension of EU funding; underlines that there is a need to protect the beneficiaries in cases where Member States do not respect this obligation; calls for the creation of tools allowing beneficiaries at regional and local level to report to the Commission cases where Member States breach their obligations to implement programmes and make payments to beneficiaries;












18.


calls on the Commission to launch an analysis of existing financial allocation mechanisms to ensure that funding remains accessible to the local authorities and civil society actors that fully respect the EU’s values. Should it transpire that these mechanisms need to be supplemented, they should be defined in consultation with the CoR and local and regional authorities. This approach would make it possible to be both firm and fair, maintaining territorial cohesion and supporting local and regional democratic forces, even in national contexts where the rule of law has been weakened;





Towards stronger and more inclusive multi-level governance









19.


affirms that ambitious European governance requires the full recognition of the strategic role of local and regional authorities. Due to their proximity to citizens, these authorities fully embody the EU’s fundamental values – including justice, solidarity, equality, respect for the rule of law and for human rights. However, their capacity to help monitor and defend the rule of law remains limited, restricting the EU’s ability to react swiftly to abuses;












20.


calls, in this regard, for a reinforcement of a dialogue between the Commission, regional and local actors, and civil society, on rule of law issues, involving the CoR, the EESC and the EU Agency for Fundamental Rights. By establishing a more direct link between the European level and the realities on the ground; such a forum would facilitate the detection and prevention of threats to the EU’s fundamental values;












21.


stresses that preserving the rule of law cannot rely solely on centralised decisions. Local and regional authorities actively implement additional democratic initiatives – participatory budgets, citizens’ assemblies, transparency platforms, which are not always adequately exploited within the EU. These good practices should therefore be promoted in order to build more inclusive and resilient governance;












22.


proposes, therefore, the setting up of ‘Local Dialogues on the Rule of Law’ to discuss the freedom of the press, the independence of oversight bodies and administrative transparency. In doing so, it is important to provide targeted European support to the LRAs that ensure that democratic principles are actually followed, despite multiple pressures;












23.


believes furthermore that defending the rule of law requires more action to be taken in the areas of education and culture, in order to anchor democratic values from childhood. The EU is therefore committed to funding and developing ambitious programmes aimed at fostering democracy, civic education and sustainable development. Local authorities, together with schools and universities and civil society, play a key role here in the population’s assimilation of such principles;












24.


calls for the judiciary to be better staffed and better equipped when it depends on local and regional bodies, as may be the case in states where judicial power is decentralised;












25.


calls for the strict and consistent application of Regulation (EU) 2022/2065 of the European Parliament and of the Council (5) on a single market for digital services, and is open to the idea of the regulation being further developed in the near future (e.g. through a definition and strict regulation of coordinated inauthentic behaviour on online platforms, especially using disinformation campaigns);












26.


reiterates that the EU must uphold the founding values of democracy in the face of attacks. The rule of law is a long-term commitment, a promise to future generations. It is therefore up to the EU to exercise vigilance and determination by strengthening the ability of local authorities – the real pillars of democracy – to act, by responding promptly to any threat that might undermine its foundations;





Europe in the face of new threats: guaranteeing democratic resilience









27.


observes with great concern the worrying rise in external interference in Member States’ democratic processes, whether through disinformation campaigns or through direct interference in elections. In this context, digital security must be strengthened without delay and media literacy promoted at local level. These measures aim to equip citizens with the tools needed to identify and counter information manipulation, thus ensuring that they can exercise their right to vote by being fully informed;












28.


strongly calls for a collective reflection on the strategic role that digital technologies, in particular artificial intelligence, could play in supporting and promoting the rule of law. By using these tools to improve transparency, ensure greater responsibility in public procurement and foster active citizen participation, digital challenges can be transformed into tools for reinforcing democratic principles. Good practices that enable the effective integration of such technologies into local governance should be identified and adopted, while ensuring that ethical standards are upheld and our fundamental democratic principles are preserved and enriched in line with Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) (6);












29.


urges the EU to ensure that LRAs are fully involved from the policy-making stage, in setting priorities and anticipating regulatory constraints. Most policies, including cohesion, agricultural, digital and migration as well as the Green Deal would benefit from being shaped together with the actors responsible for their practical implementation in order to ensure that the rule of law principles are integrated across all EU policy frameworks and are respected in the whole process of EU decision-making;












30.


recalls that, thanks to their experience on the ground, LRAs are also hubs of institutional and democratic innovation: with the support of the EU they are able to deploy effective mechanisms for citizen scrutiny and public dialogue and consultation, thus helping to improve the quality of governance overall. Ideally, LRAs should enforce rulings swiftly when they are called upon to take action;












31.


calls for a reflection on mechanisms to strengthen the role of local and regional governance within the EU framework of the rule of law. This process should focus on identifying and exchanging best practices in the areas of transparency, citizen participation, anti-corruption efforts and the respect of fundamental rights. By promoting cooperation between, but not limited to, the CoR, the EESC and the Congress of Local and Regional Authorities of the Council of Europe, these mechanisms should build on their expertise and findings. The results should contribute directly to the Annual Report on the Rule of Law, ensuring a meaningful integration of sub-national perspectives, while fostering exchanges between cities, regions, and institutions;












32.


insists that the rule of law, as a pillar of a stable and united EU, must be applied consistently and not selectively. It must be part of a genuinely shared governance, where regions and cities play an active role in implementation, but also in upholding European values on the ground;












33.


warns that only a Europe that remains faithful to its regional diversity and that is assertive when it comes to the common defence of rights and freedoms will be able to withstand tensions and identify the challenges of tomorrow. Strengthening the rule of law is not optional; it is a must for a strong, legitimate and credible EU;












34.


intends to act in line with this responsibility. The Committee reiterates its determination to work closely with the Commission, the Council, the European Parliament and all European and international institutions in order to make the rule of law a steadfast bastion to protect against populist attacks, authoritarian abuses and strategies to dismantle democracy.






Brussels, 2 April 2025.


The President


of the European Committee of the Regions

Kata TÜTTŐ
               





(1)  Article 2 of the Treaty on European Union (TEU).

(2)  Article 258 of the Treaty on the functioning of the European Union (TFEU).

(3)  
            OJ L 433 I, 22.12.2020, p. 1.

(4)  European Commission’s 2024 Rule of Law report.

(5)  Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (
OJ L 277, 27.10.2022, p. 1).

(6)  
            OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj.


ELI: http://data.europa.eu/eli/C/2025/3169/oj
ISSN 1977-091X (electronic edition)