JEF Europe position on the Defence of Democracy package

JEF recalls the Key recommendations on the European Commissions ‘Defence of Democracy Package’ of several civil society organisations, as well as the Joint Civil Society and Democracy Organisations’ Priorities for the Defence of Democracy Package and 230 Civil Society Organisations Statement on EU Foreign Interference Law, signed by JEF Europe.

The Conference on the future of Europe was an important democratic exercise, but its conclusions still have to be implemented. Proposal 25 on Rule of Law and democracy mentioned that “any necessary legal avenues, including Treaty changes, should be considered to punish breaches of the rule of law”. The Commission, however, did not take the opportunity of this package to tackle deep rule of law issues left unresolved in the EU.

The Commission’s recommendations on participation and on the European Elections are commendable, a good use of its soft power to set up European standards, but fall short of being specific, directly enforceable or applicable.

In its communication, the Commission mentions the importance of “a political and institutional system based on integrity, transparency and accountability”; It, however, chose to cover only third-country influence and does not set up a broader Interest Representatives Act, as advocated by several NGOs during the consultations. The risk remains of negative signalling towards third countries willing to put in place less democratic foreign influence act than the Commission proposal, such as the one recently put forward, then withdrawn in Georgia.

Democracy is a core value of the EU. JEF, which has advocated for more democracy since its creation and as part of its annual Democracy under Pressure campaign, welcomes measures to strengthen democracy. Nevertheless, JEF expresses concerns about the package below.

On the draft directive establishing harmonised requirements in the internal market on transparency of interest representation carried out on behalf of third countries:

What is good? The Commission withdrew its original plan to carry further consultation. This was welcomed by civil society which had requested an impact assessment, with a NGO focus.

Harmonised European level rules for lobbying from countries outside the EEA European Economic Area.
Information registered is public.
Annual overview by the Commission of amounts spent over the Union.
Labelling of entities is only to be used while lobbying. There is no labelling as foreign agents, reducing the chilling effect.

What is lacking or problematic? We share concerns of third country covert influence, yet:

The definition of interest representation remains somewhat unclear.
The carveout of the directive for contributions to the core funding of an organisation is important but project-based financing, which constitutes most of NGO available funding, might not be covered by this exception.
Despite the emphasis on the limited directive scope, it may embolden third countries to adopt more restrictive foreign influence acts, or even EU countries to restrict NGOs’ actions. The EU will lose some credibility in criticising it.
Application is key as a balance will need to be struck between
- countries willing to set more stringent regulation for better transparency, and
- illiberal governments’ urge to use this legislation to further smear and legally discriminate against NGOs, in particular those promoting European values and the rule of law, should they receive with foreign funding.

On the Recommendation on inclusive and resilient electoral processes in the Union and enhancing the European nature and efficient conduct of the elections to the European Parliament

What is good? JEF welcomes the Commission blueprint to improve elections proceedings across Member States and make them more European:

Focus on the full spectrum of election integrity, from clear funding, to security to accessibility, and tackles different actors.
Further highlights the importance of European parties and clear labelling.
- Common deadline of 6 weeks for candidates for the elections would be an improvement from the Council Decision of 3 weeks, even if 8 would be ideal.
Role of civic education is highlighted, a priority of JEF, which has been implementing Europe at school activities for more than 25 years.

What is lacking or problematic? The section on enhancing the European nature of elections does not include much more than European political parties:

Transnational lists or Spitzenkandidaten system are not mentioned.
Focus on youth is good but
- few concrete steps to promote youth participation, with only focus on vote,
- no real discussion on voting at 16, already enacted in some Member States.
People with disabilities are seen as voters or election officials but not as candidates.
Overall very little concrete proposals on how to promote participation of disadvantaged groups (e.g. first generation EU citizens not mentioned at all).

On the recommendation on promoting the engagement and effective participation of citizens and civil society organisations in public policy-making processes

What is good? We welcome the Commission’s recognition of the importance of participation and the crucial role of civil society organisations, as well the funding provided by the EU.

Recognises the importance of adequately resourced civil society organisations and recommends Member States to support their access to such resources.
Support and protection measures of the civic space are listed, structured dialogue with civil society highlighted and threats to civil society organisations recognised.
Stresses the need for equal opportunities and diverse opinions in participation, including those of underrepresented groups.
Focuses on civic education and media literacy, as well as proactive provision of information in an accessible manner.

What is lacking or problematic? The Commission mentions rightfully the Conference on the Future of Europe experience, however we have yet to see the implementation of the conclusions of the Conference.

European Citizen Initiative (ECI) improvements are not mentioned, such as
- the lack of legislative followup of the Commission of successful ECIs,
- the need for an extension of the collection period,
- the necessity to lower the number of signature following Brexit, or
- a proposal to lower the signing age to 16.

Contact

This document was drafted in the framework of the European Economic and Social Committee Opinion on the Defence of Democracy Package (SOC/773). You can contact our youth representative to the EESC on this opinion and JEF Europe President, Christelle Savall, at president@jef.eu.

About JEF Europe

The Young European Federalists (JEF Europe) is a political youth NGO advocating for the creation of a democratic European federation as a guarantee for peace, the rule of law and human rights. JEF Europe promotes true European citizenship, works for the widening and deepening of the EU and strives for a more just and integrated society on the European continent and beyond. Established in 1972, the organisation has more than 10,000 activists organised in over 250 national, regional and local sections in 37 countries.

About Democracy under Pressure

Every year since 2006, our Democracy under Pressure campaign calls on citizens to raise public awareness about threats to rule of law and democracy, denounces all forms of authoritarianism, and shows solidarity with freedom advocates all over Europe.