Violence against women and rash lawsuits against journalists: an analysis of European democracies in a report

ROME – Most EU countries made little effort to address the rule of law issues that emerged in 2022 and, in some cases, made the situation even worse, according to a new report from the European Commission. Civil Liberties Union for Europe focused on issues such as freedom of information, independence of judges, respect for the work of NGOs.

The “black jersey” of Hungary and Poland. Hungary and Poland still wear the black T-shirt when it comes to respecting rights in Europe. Although the European Union has activated the conditionality mechanism – an instrument created to protect citizens’ money and which allows the EU to withhold funds from a Member State in the event of a violation of the rule of law – against Budapest and Warsaw, the decision has not yet produced significant effects. In fact, both countries continue to implement a series of measures aimed at centralizing power, silencing opponents and controlling public opinion.

Information in the hands of a few people. Between rash lawsuits and media scrutiny, the state of information in Europe is not in good health, the report reads. The governments of Poland and Hungary continue to use public broadcasters for propaganda, while freedom of information is also at risk in countries such as Sweden and Slovakia. In many European countries, a small number of people own most of the private media, influencing its programming. This happens in Italy, France, the Netherlands, the Czech Republic and Slovenia. Cases of prosecution against journalists when they tried to expose the corruption of their respective governments occurred in Bulgaria, Croatia, Hungary, Poland, Italy and the Netherlands. In many EU countries, from Italy to Spain, journalists have also been attacked verbally and physically.

NGOs always in the sights. Since 2022, many countries have worked to make life difficult for non-governmental organizations. There are generally two paths taken: either laws are promulgated that give governments greater powers to dissolve organizations or the same laws outline in a vague and smoky way which activities could lead to the closure or loss of an NGO’s public utility function. Particularly at risk in many EU countries ranging from Italy to France via the Netherlands to Spain are organizations promoting alternative policies on hot topics such as climate change and migration.

The independence of the courts. The problem of the independence of the judiciary is common to many countries of the European Union, even those with a more consolidated democratic history. In Poland, Bulgaria, Germany, the Czech Republic, Slovakia or Spain, governments have a say in the selection and promotion of magistrates, the report denounces. In Budapest and Warsaw, judges have even suffered smear campaigns. Countries such as Belgium, Italy, Estonia, France, Germany, Ireland and Poland, however, do not adequately fund the justice system. This involves very long times for trials, which obviously affect the state of health of justice in general.

Italy and the criminalization of relief efforts. In Italy, the criminalization of sea rescue and of NGOs helping migrants, together with the absence of a legal framework that prevents hate speech, violence against women and homophobic and transphobic attacks, are among the main problems of the rule of law. Just as the increase in rash lawsuits – but also in attacks and threats – against journalists and activists is causing concern. For Arturo Salerni, President of the Italian Coalition of Civil Freedom and Rights (CILD) “some provisions of the new government, together with the need for profound interventions on some issues, always postponed over the years, create concern for the rule of law”. However, the dossier he also stresses that some improvement has been recorded in the area of ​​justice, above all as regards the elimination of the backlog of work in the civil and criminal courts. However, the age-old problem of the duration of the proceedings remains unresolved.

Solidarity banned. The verbal attacks by members of the government against activists and associations suggest the beginning of a new phase of criminalization of solidarity, which has materialized with the new rules aimed at hindering the activities of NGOs carrying out rescues at sea. Also worrying was the approval of the so-called “Rave Decree”, which introduces a new article into the Penal Code, the 633-bis, so vague in the first version presented to Parliament (which generically referred to “gatherings of more than 50 people” that invade a field or a public or private building) as to lead to fears that it could be applied not only to punish participants in rave parties , but also to limit civic space, the right to protest and freedom of assembly, as provided for in Article 17 of the Constitution. Subsequently modified upon conversion, the decree today as it stands in any case entrusts the management of a phenomenon to criminal law that is governed elsewhere with other instruments.

Corruption and lobbying. No progress has been made in 2022 regarding the regulation of lobbying activities. A bill on lobbying, approved in the House on January 12, 2022, was about to be discussed in the Senate when Mario Draghi’s government fell. The new parliament has not yet set new dates to discuss the introduction of a regulation on lobbying activities, while the management of funds from the National Resilience Recovery Plan and the recent Qatargate scandal demonstrate the need for greater transparency.

The contrasts of the European Union. Against the backdrop of Russia’s war against Ukraine, through the conditionality mechanism the European Union has decided to take tougher action against Hungary, which has isolated itself politically by supporting Russia, than Poland, which instead has done everything to support Ukraine. At the same time, however, the EU-wide ban on Russia Today And Sputnikto avoid misinformation about the war, has in fact set a dangerous precedent.