Democracy & the rule of law are integral parts of European identity: Stockholm Symposium on Democracy & the Rule of Law (22/06/2023)

22 June 2023

Democracy and the rule of law are integral parts of the European identity and cornerstones for cooperation in the Union. The EU is not only a political union, but also a community of values that rests on the rule of law and respect for the rights and freedoms of the individual. Upholding these values is essential in making Europe stronger and more prosperous.

The Swedish Minister for EU Affairs, Ms. Jessika Roswall is hosting the Stockholm Symposium on Democracy and the Rule of Law. It will convene experts from Member States, EU institutions, and other stakeholders. It will provide an opportunity for stocktaking and constructive dialogue on how we use the instruments to navigate towards a stronger rule of law and to counter democratic backsliding.

Adresses will be made by Vice-President Jourová and Commissioner Reynders from the European Commission and President Lenaerts from the Court of Justice of the European Union. There will be a Presidency panel discussion, with Minister Roswall and the incoming Presidency trio, represented by Spain’s State Secretary for EU Affairs, Mr. Pascual Navarro, Belgium’s Minister for foreign affairs, EU and trade, Ms. Hadja Lahbib and Hungary’s Minister for Justice and EU Affairs, Ms. Judit Varga.

There will be three other panels with prominent representatives from EU Institutions, international organisations and civil society. For more information on all the panels, please see the discussion papers in the programme.

The rule of law ensures that everyone enjoys equal protection under the law, regardless of their social status or position of power. It ensures that basic political and civil rights, as well as civil liberties, are protected and upheld. In short, by ensuring compliance with the rule of law, democracies can remain democracies.

Furthermore, maintaining democratic values and the rule of law is critical for social trust and
a prerequisite for global competitiveness, economic growth and social well-being. This is
particularly true in a world of uncertainty and crisis. A strong rule of law culture can create a
stable, predictable and transparent environment that fosters social well-being and economic
competitiveness.

However, democratic cornerstones, including free and independent media and civil society, are challenged within the Union. The risk of foreign influence operations is becoming increasingly urgent, given the forthcoming elections to the European Parliament. Mis- and disinformation, political polarisation and the undermining of independent judiciaries are threats to the European democracy. By targeting and discrediting judges or legal professionals, their willingness to take on sensitive cases or make unpopular decisions can be affected. The same is true for the conditions of journalists when investigating and reporting on sensitive topics.

To consider the role of democracy and the rule of law in our societies, this panel will touch upon the following topics and discussion questions.

• In what way can deficiencies regarding the rule of law hamper economic growth? What conditions in terms of legal certainty and trust is required to facilitate business transactions?

• How should we improve the conditions for societal actors in a democracy, such as
journalists, civil society and businesses, to uphold democracy and its fundamental values?
How can we prevent that work against democratic backsliding and dismantling of the
rule of law are conducted in separate tracks? What can be done to facilitate necessary
cooperation between those upholding the rule of law?

• How do we ensure that decision makers do not misuse exceptional decision-making mechanisms and restrictions of liberties, in the name of crisis?

According to Article 13 of the Treaty of the European Union (TEU), the Institutions have a common responsibility to promote the Union’s values, as enshrined in Article 2 TEU.

The Institutions have acted in this spirit, to promote the values. The Council’s Annual Rule of Law Dialogue, based on the Commission’s Annual Rule of Law Report, now including recommendations, has been conducted with a structured approach since 2020, with the first cycle of country-specific discussions now concluded. Furthermore, the procedures according to Article 7 TEU regarding Poland, initiated by the Commission, and Hungary, initiated by the European Parliament, are ongoing.

Moreover, clear requirements regarding compliance with the rule of law for disbursement of EU Funds have been introduced and implemented. Also, questions of non-compliance with democratic values and the rule of law according to the Treaties has not only resulted in infringement procedures before the Court of Justice of the European Union but also in many preliminary references from national courts.

The European Parliament has also regularly held debates on Member States’ compliance with the Union values.

Now that the tools in the toolbox have been used and new initiatives have been introduced, it is time for a comprehensive examination of the toolbox. Thus, this panel will focus on the following topics and discussion questions.

• How can the tools for upholding the rule of law best coexist? Is it possible to achieve synergy-effects with a more comprehensive approach to the rule of law or is it beneficial to keep the tools separated?

• Are budgetary mechanisms the future to prevent rule of law backsliding? Do they create the right incentives for compliance? Should they be broadened to other fundamental values, beyond the rule of law, as conditions for EU funds?

• How is the work conducted within the rule of law toolbox related to other initiatives such as the Anti-Corruption Package, the Media Freedom Act and the Defence of Democracy Package?

The rule of law is the most efficient antidote to the tyranny of the majority. However, a rule of law culture can only truly flourish if there is demand and appetite for a society built on the rule of law.

Popular mobilisation, judicial action, civil society engagement and international support may be triggered by, and directed at, the lack of rule of law compliance at its core. However, it is more often directed towards the effects rule of law deficiencies have on a society, such as widespread corruption and restrictions of fundamental rights. In reality, rule of law deficiencies are correlated with corruption and the rule of law is a prerequisite for fundamental rights.

“The rule of law from below” is a popular term for the upholding and defending of the rule
of law by actors beyond public authorities. It has been concluded by the European Union
Agency for Fundamental Rights that civil society actors make key contributions to advancing
and fostering a rule of law culture by empowering citizens, advocating for the rule of law and
holding public authorities accountable.

However, the conditions for civil society actors, academia and free media are often the first targets of regimes moving in an authoritarian direction.

To foster a rule of law culture and enable actors, beyond the EU Institutions and the Member States, to uphold the rule of law, this panel will focus on the following topics and discussion questions.

• What is needed to foster a rule of law culture in a society? How can lawyers, journalists and civil society contribute? How can international organisations contribute? What other actors in society are vital as safeguards for democracy?

• How can we prevent that work on anti-corruption, for human rights, against the dismantling of the rule of law, etcetera are conducted in separate tracks? What can be done to facilitate necessary cooperation between those upholding the rule of law?

• How can civil society and international organisations best complement the institutional toolbox to ensure strong adherence to the rule of law in the Union?