The rule of law

Protecting EU values

The rule of law has a direct impact on the life of every citizen: it is a precondition for ensuring equal treatment before the law and the defence of individual rights, for preventing abuse of power by public authorities and for decision-makers to be held accountable.

The European Union is based on a set of shared values, including fundamental rights, democracy, and the rule of law. These are the bedrock of our societies and common identity. No democracy can thrive without independent courts guaranteeing the protection of fundamental rights and civil liberties, nor without an active civil society and free media ensuring pluralism.

Yet, despite this, antidemocratic policies have flourished in multiple member states. Attacks to the rule of law have emerged in the form of high-level corruption and the abuse of power, attempts to weaken the judiciary, attacks on civil society and harassment of independent media through litigation.

At the same time, the EU’s financial interests are being undermined, as funds a

re misused and the EU’s budget potentially funds member states that consistently breach its own values.

Policy position: Defence of Democracy Package

See our suggested amendments to the Defence of Democracy Package here.

The Rule of Law and Civic Space

EU institutions need to act to protect the values upon which they were founded, safeguarding citizens and our democracies. Specifically, this entails the effective use of the EU rule of law mechanisms to prevent democratic backsliding in Member States, an EU-wide legislation to protect journalists from strategic litigation, as well as a vibrant civic space. Our office cooperates with other NGOs at both national and European levels, coalitions such as the Coalition Against SLAPPs in Europe (CASE), as well as policymakers to make this a reality.

Protection of EU Financial Interests

At TI EU, we advocate for the protection of the EU budget, with the aim to expose past, current and potential misuse of EU funds in Member States, and to ensure that EU institutions refrain from funding Member State governments that consistently violate the values provided under Article 2 of the Treaty on European Union.

On work includes raising awareness and salience in Brussels and key capitals, and advocating to protect the Union’s financial interests by ensuring that EU money is spent for its intended purpose and truly benefits citizens in Member States, rather than serving elite interests and funding rights violations.

To counter the rise of corrupt practices involving the use of EU money to finance antidemocratic activities, the EU has created the general regime of conditionality for the protection of the EU budget (also known as a ‘conditionality regulation’), a policy for which TI EU has advocated for many years. European policymakers should continue to be vigilant in the face of hostility to this regulation in the countries who are subject to it.

Whistleblowing

The detection and exposure of bribery, fraud, theft of public funds, and other acts of wrongdoing poses one of the greatest challenges in preventing and fighting corruption. One of the most direct methods of shining the light on corrupt practices is whistleblowing. However, whistleblowers commonly face retaliation in the form of harassment, firing, blacklisting, threats, and even physical violence, not to mention their disclosures being routinely ignored.

We welcome the adoption of the Whistleblower Protection directive by the EU, which requires the Member States to provide more comprehensive protections, where necessary. However, the Directive does not apply to EU staff (who are subject to the EU Staff Regulations), leaving crucial potential whistleblowers in situations of EU-level corruption vulnerable. We are working hard to ensure this is rectified in internal EU rules.

For more information on TI EU’s position on the EU Whistleblower Protection Directive, see our position paper here.