CoR calls for a "multilevel protection" of the rule of law and fundamental rights in the EU

Met dank overgenomen van Comité van de Regio's (CvdR) i, gepubliceerd op vrijdag 13 februari 2015.

Together with civil society, local and regional authorities are essential partners not only in protecting the modern state governed by the rule of law, but also in working actively and strategically to shape it, via their own policy initiatives. This concerns the protection of specific citizens' rights, but also intercultural relations, socio-economic development, education, health and welfare systems. This is the main message of an opinion adopted by the European Committee of the Regions (CoR) on the "multilevel protection of the rule of law and fundamental rights in the EU". Rapporteur Luc Van den Brande (BE/EPP), Chairman of the Flemish-European Liaison Agency, argued in favour of the text: "in accordance with the principle of multi-level governance, cities and regions should become full stakeholders in working towards an integrated policy for the protection of the rule of law."

Last year the European Commission adopted a new framework to address threats to the rule of law in Member States that will be complementary to existing infringement procedures. The new framework establishes an early warning tool allowing the Commission to enter into a dialogue with the Member State concerned to prevent the escalation of threats to the rule of law. Meeting in plenary session on 12 February, CoR members debated the initiative and adopted an opinion calling for "multi-level governance" to be explicitly taken as the starting point for the protection of fundamental rights.

The CoR points out that the relevance of an approach based on multi-level governance stems from the fact that local and regional authorities are on the front line when it comes to facing the challenges and problems directly affecting the rule of law. Their special role also derives from their expertise, which allows them to identify possible threats to the rule of law at an early stage.

In a bid to establish a bridge between the protection of the rule of law and multi-level governance, the CoR calls on local and regional authorities to be given the opportunity to refer matters directly to the European Commission if they identify threats to the rule of law, and invites the Commission to set up appropriate mechanisms in that sense.

More specifically the CoR sets out a number of specific policy recommendations for local and regional authorities, including: embedding fundamental rights and the rule of law in the activities of civil society organisations; strengthening training and support for concerned stakeholders; setting up information points and an early-warning system through which information about possible threats to the rule of law is passed to national and EU authorities.

The CoR will also examine the possibility to set up a task force and a reporting point for local and regional authorities, as well as launching a European awareness-raising campaign for cities and regions in protecting the rule of law. It will also consider the opportunity to draw up a common strategy based on a "tripartite agreement" with the Congress of Local and Regional Authorities of the Council of Europe and the Agency for Fundamental Rights, based on the EU Framework on fundamental rights proposed by the Agency.

More information:

Local and regional authorities and the multilevel protection of the rule of law and fundamental rights in the EU - Opinion of the Committee of the Regions

Contact:

Nathalie Vandelle

+32 2 282 24 99

nathalie.vandelle@cor.europa.eu