New push for European Democracy

Question 1

EU Platform of Diversity Charters

Answer 1

• there is not one single European Diversity Charter but a collection of most MS
• EU Charter of Fundamental Rights (2012) only applicable when implementing EU law, otherwise fundamental rights are protected by MS’s constitutions

Question 2

Charter of Fundamental Rights of the European Union (CFR)

Answer 2

• enshrines certain political, social, and economic rights for European Union (EU) citizens and residents into EU law
• drafted by the European Convention and solemnly proclaimed on 7 December 2000 by the European Parliament, the Council of Ministers and the European Commission
• its then legal status was uncertain and it did not have full legal effect until the entry into force of the Treaty of Lisbon on 1 December 2009
• The Treaty establishing the European Economic Community (Treaty of Rome) did not include any reference to fundamental or human rights.
• The Charter forms part of the area of freedom, security and justice (AFSJ) policy domain of the EU
• it applies to all the bodies of the European Union and the Euratom which must act and legislate in accordance with its provisions, as the EU’s courts will invalidate any EU legislation or ruling assessed as non-compliant with the Charter
• EU member states are also bound by the Charter when engaged in implementation of the European Union law
• Poland has been granted a partial opt-out from enforcement of the CFR in spite of participating in the AFSJ; in contrast, Denmark and Ireland have fully adopted the Charter, in spite of having been granted opt-outs from the AFSJ (a general and a partial one, respectively)

Question 3

CFR Chapters - DIGNITY

Answer 3

CHAPTER I - DIGNITY
Article 1 - Human dignity
Article 2 - Right to life
also: right to integrity of the person, prohibition of torture, slavery,

Answer 4

CHAPTER II - FREEDOMS

Question 5

CFR Article 20 Equality before the law

Answer 5

Equality before the law
Everyone is equal before the law.

Question 6

Article 21
Non-discrimination

Answer 6

1. Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
2. Within the scope of application of the Treaty establishing the European Community and of the Treaty on European Union, and without prejudice to the special provisions of those Treaties, any discrimination on grounds of nationality shall be prohibited.

Question 7

Article 22
Cultural, religious and linguistic diversity

Answer 7

The Union shall respect cultural, religious and linguistic diversity.

Question 8

Article 23
Equality between men and women

Answer 8

Equality between men and women must be ensured in all areas, including employment, work and pay.
The principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

Question 9

Article 24
The rights of the child

Answer 9

1. Children shall have the right to such protection and care as is necessary for their well-being. They may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.
2. In all actions relating to children, whether taken by public authorities or private institutions, the child’s best interests must be a primary consideration.
   EN18.12.2000 Official Journal of the European Communities C 364/13
3. Every child shall have the right to maintain on a regular basis a personal relationship and direct contact with both his or her parents, unless that is contrary to his or her interests.

Question 10

Article 25
The rights of the elderly

Answer 10

The Union recognises and respects the rights of the elderly to lead a life of dignity and independence and to participate in social and cultural life.

Question 11

Article 26
Integration of persons with disabilities

Answer 11

The Union recognises and respects the right of persons with disabilities to benefit from measures designed to ensure their independence, social and occupational integration and participation in the life of the community.

Question 12

EU Agency for Fundamental Rights

Answer 12

since 2007

provides assistance & expertise to EU Inst, MS when implementing EU law
dialogue with civil society
collects & publishes data: objective, reliable, comparable

Question 13

European Institute for Gender Equality (EUGE)

Answer 13

researches and communicates best-practices
cooperates with institutions, MS, NGOs etc
measures state of gender equality on MS and EU level

Question 14

Action plans/ Strategies for discrimination based on…

Answer 14

disabilities
race
gender
sexuality
age

Question 15

European Media Freedom Act

Answer 15

puts in place a new set of rules to protect media pluralism and independence in the EU. They will ensure that media – public and private – can operate more easily across borders in the EU internal market, without undue pressure and taking into account the digital transformation of the media space.

Among others, the European Media Freedom Act will

Protect editorial independence
Protect journalistic sources, including against the use of spyware
Ensure the independent functioning of public service media
Enhance transparency of media ownership
Safeguard media against unjustified online content removal by very large online platforms
Introduce a right of customisation of the media offer on devices and interfaces
Guarantee transparency in state advertising for media service providers and online platforms
Ensure Member States provide an assessment of the impact of key media market concentrations on media pluralism and editorial independence
Boost transparency in audience measurement for media service providers and advertisers

A new independent European Board for Media Services, composed of representatives from the national media authorities or bodies and assisted by a Commission secretariat, will be set up and will start operating in February 2025. The Board will, among others, promote the effective and consistent application of the EU media law framework.

Question 16

EU support for free media

Answer 16

Having press and media councils that strengthen the position of press and media councils in a converged media environment (Budget: €0.9 million)

Implementing a Media Ownership Monitoring System to provide a country-based database containing information on media ownership (Budget: €0.5 million)

Providing grants to support innovation of local and regional media and boost pluralism (Budget: €2 million)

Having a rapid response mechanism to provide practical help to protect journalists under threat (Budget: €3.1 million)

Implementing a Media Pluralism Monitor to identify potential risks to media pluralism (Budget: €1.1 million)

Supporting regranting for media sectors of special relevance to democracy (such as local and investigative journalism, public interest and community media) as part of Creative Europe’s Journalism Partnerships (Budget: €5 million)

Establishing a Media Freedom Hub to support existing and established independent Russian and Belarusian media working in the EU (Budget: €2.9 million)

Organising a European Festival of Journalism and Media Information Literacy (Budget: €0.8 million)

Question 17

Rule of Law Report

Answer 17

monitors significant developments, both positive and negative, relating to the rule of law in Member States. It covers four pillars: the justice system, the anti-corruption framework, media pluralism, and other institutional issues related to checks and balances.

Question 18

What is the Annual Rule of Law Cycle?

Answer 18

The Annual Rule of Law Cycle provides a process for an annual dialogue between the Commission, the Council and the European Parliament together with Member States as well as national parliaments, civil society and other stakeholders on the rule of law. The Rule of Law Report is the foundation of this new process.

A core objective of the Annual Rule of Law Cycle is to stimulate inter-institutional cooperation and encourage all EU institutions to contribute in accordance with their respective institutional roles. This aim reflects a long-standing interest from both the European Parliament and the Council. The Commission also invites national parliaments and national authorities to discuss the Report, and encourages other stakeholders at the national and EU level to be involved.