The European Parliament: “Strong NHRIs are indicators of respect for democracy, rule of law and fundamental rights”

In recent years citizens of more countries in Europe have taken to the streets, protesting against what they see as democratic backsliding. A number of European countries are witnessing restrictive laws on the right to freedom of expression and assembly, further compounded by COVID-19, and negative public discourse on human rights. Some governments are adopting laws that undermine judicial independence and security measures that affect individual freedoms. The rise and entrenchment of autocratic and illiberal tendencies across Europe call for stronger mechanisms to protect democracy, the rule of law and fundamental rights in the EU member States, the European Parliament recently stated. 

Both the European Commission and the Parliament have recently highlighted the important role of national human rights institutions in assessing the founding values of EU. In the European Commission’s first report assessing the rule of law situation in all EU Member States, which was published in September 2020, the Commission states that NHRIs: “play an important role as rule of law safeguard and can provide an independent check on the system in a rule of law crisis”.

Recognition – a result of ENNHRI’s work

The recognition by the Commission and the Parliament is the result of several activities and efforts initiated by ENNHRI, some of them supported by the NHRI EU Project: In February heads of 19 European NHRIs, representatives from EU institutions and bodies, as well as representatives from Council of Europe bodies and civil society stakeholders, discussed how NHRIs can engage in the EU Rule of Law Mechanism, during a high-level consultation meeting in Brussels, hosted by ENNHRI. Prior to the consultation, ENNHRI produced a background paper, identifying modalities for the participation of NHRIs in EU rule of law mechanisms. After the consultation ENHHRI produced a report on the State of the rule of law report, which is frequently referred to in the European Commission’s report.

“The European Commission and Parliament’s recognition of the NHRI’s role as safeguards of core EU values will help creating a more enabling environment where NHRIs can be fully deployed for better promotion and protection of human rights and the rule of law. This will further enable NHRIs to fulfil their role in supporting civil society and human rights defenders,” Debbie Kohner, Secretary General of ENNHRI, says.

NHRIs play an important role as ‘rule of law safeguard’

The Commission’s report, which focuses on the justice system, the anti-corruption framework, media pluralism, and other institutional checks and balances, also identifies the work of NHRIs as an indicator of the rule of law. It also stresses that “checks and balances rely on … effective independent authorities such as ombudsperson institutions or national human rights institutions”.
Further, NHRIs have been recognised in the European Parliament’s resolution on the Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights, voted in plenary in October 2020. Building on the Commission’s report, the Parliament calls for the establishment of more comprehensive EU monitoring of all EU values, including country-specific recommendations. 

The adopted proposal calls for NHRIs’ involvement in the different stages of the EU’s mechanism and stresses that an independent NHRI in compliance with the UN Paris Principles can also serve as an indicator of respect for democracy, rule of law and fundamental rights in EU Member States. According to ENNHRI the strategic engagement of NHRIs will also create opportunities for further synergies between the EU and Council of Europe, including the Venice Commission, an advisory body of the Council of Europe, officially called the European Commission for Democracy through Law. This could reinforce the recognition of NHRIs’ unique potential by the Council of Europe, which provides ongoing support for the establishment and effective functioning of NHRIs.

Given the importance of internal and external coherence in the EU’s policy work, this recognition will also have an impact on NHRIs globally.