Debate: Defence of democracy package
Date: TUESDAY, 12 DECEMBER 2023
Speaker: Věra Jourová
Language: EN

For our vibrant democracies to function, citizens need to be able to freely express their views and participate in democratic life. This is what we have been pushing for with the 2020 European Democracy Action Plan. We have already come a long way since then, putting forward several flagship initiatives which help strengthen democratic resilience by promoting election integrity, protecting media freedom and strengthening the fight against disinformation. This Commission has proactively defended, and will continue to do so, the rule of law and fundamental rights in the EU. All these initiatives are centred around individual rights and freedoms, and around transparency and accountability. I am honoured to present to you today the defence of democracy package. The package is composed of several elements that aim to advance in our efforts in ensuring strong and resilient democracies. It centres on a proposal for harmonised rules to ensure a common high level of transparency and democratic accountability of interests’ representation on behalf of third countries when they are used to influence our political debates and decision-making processes. Interest representation activities are increasingly used by third country governments in order to promote their own policy objectives, and some Member States are already legislating in this area – and the geopolitical context will likely lead more Member States to do so. When preparing our proposal, we have extensively consulted with Member State authorities, civil society and other relevant stakeholders. As I have announced previously, the proposal is also accompanied by a fully-fledged impact assessment. So what is covered by the proposal? The proposal covers interest representation activities – that is, activities with an objective of influencing the development or formulation of policy, legislation or decision-making processes in the EU when they are carried out on behalf of all third countries, governments and their proxies. It does not apply to an entity merely because it receives foreign funding, since there must always be a link between the funding and the interest representation activity carried out. The proposal does not ban or prohibit any conduct. It simply requires that certain activities are carried out transparently. So what are the key requirements? First, interest representatives – lobbyists, for example – would be required to register in national registers and provide information on themselves, the activities conducted and the third countries on whose behalf they act. Second, entities would be required to keep relevant records, including on the identity of the third country on behalf of which they are carrying out the interest representation activity. And finally, entities carrying out interest representation would have to provide their registration number when entering into direct contact with public officials. How do we safeguard fundamental rights by this proposal? We are introducing proportionate rules – safeguards to avoid registration requirements being misused to limit fundamental rights, such as the freedom of expression or of association, or to unduly restrict the civic space. The directive does not prohibit nor limit any activity. A comprehensive system of safeguards has been embedded in the design of the directive. In particular, there is a requirement to ensure that the information in the national registers is presented in a neutral and factual way. Inclusion in the register should therefore not result in any negative labelling or stigmatisation. The authorities supervising registered entities would need to be independent and their powers would be clearly spelled out in the directive. Any sanctions would be limited to administrative fines. Criminal sanctions are explicitly excluded. Finally, the full harmonisation under the proposal prevents Member States from maintaining or introducing additional requirements or potentially repressive national rules and practices when it comes to the transparency of third country interest representation. Overall, the measures are the result of a very careful balance, which at the same time ensures transparency of interest representation activities carried out on behalf of third countries while also fully respecting fundamental rights, including freedom of association. Honourable Members, the directive is accompanied by two recommendations, one on elections. It supports high voter turnout, inclusive participation and transparency. It also addresses the cybersecurity of election-related technology and infrastructure and proposes measures to minimise risks of interference from third countries. A free and fair democratic debate relies on legality and fair play. This is why we promote election pledges that go beyond the existing law. The recommendation stresses that surveillance tools should never be used to interfere with the democratic debate and deploying such tools to target political actors and journalists for political gain is unacceptable. It also provides practical solutions to various issues, risks and threats that may arise in the context building on good practices identified in our exchanges with Member States. These measures can be useful as a kind of checklist for all the coming elections, so we recommend ways to encourage Member States to develop a structured approach to promote the engagement and effective participation of citizens and civil society organisations in public policy-making processes. We also adopted today the recommendation on civic engagement. But I will stop here and my colleague Dubravka Šuica will explain to you what I missed and also this specific recommendation.