Activities of Michal ŠIMEČKA related to 2021/2103(INI)
Plenary speeches (2)
Shrinking space for civil society in Europe (debate)
Shrinking space for civil society in Europe (debate)
Amendments (56)
Amendment 8 #
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the 1998 UN Declaration on Human rights Defenders,
Amendment 10 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Statement of the Commissioner for Human Rights of the Council of Europe of 16 May 2019 titled ‘Let’s defend LGBTI defenders’,1a _________________ 1a https://www.coe.int/en/web/commissioner/ -/let-s-defend-lgbti-defenders
Amendment 11 #
Motion for a resolution
Citation 21 a (new)
Citation 21 a (new)
— having regard to the 7th Meeting of the Parties to the Aarhus Convention of 21 October 2021 and Decision VII/9 on a rapid response mechanism to deal with cases related to Article 3(8) of the Aarhus Convention,
Amendment 18 #
Motion for a resolution
Recital B
Recital B
B. whereas civil society organisations (CSOs) are non-profit making organisations independent of public institutions and commercial interests, whose activities contribute to the realisation of EU values and fundamental rights; whereas CSOs can take various forms such as associations and foundations; whereas human rights defenders, activists and informal groups are also key actors in civil society;
Amendment 24 #
Motion for a resolution
Recital D
Recital D
D. whereas freedom of thought and freedom of expression are the cornerstone of every free and democratic society; whereas CSOs shall have the right to participate in matters of political and public debate, regardless of whether the position taken is in accord with government policy or advocates a change in the law;
Amendment 27 #
Motion for a resolution
Recital E
Recital E
E. whereas freedom of association is one of the essential bases of a democratic and pluralist society, as it allows citizens to act collectively in fields of mutual interest and to contribute to the proper functioning of public life; whereas freedom of association does not only include the ability to create or dissolve an association but also for that association to operate without unjustified interference by the State; whereas the ability to seek, secure and use resources is essential to the operation of any association; whereas prohibition or dissolution shall always be a measure of last resort;
Amendment 28 #
F. whereas the right to peaceful assembly is a cornerstone of democracy, crucial to creating a tolerant and pluralist society in which groups with different beliefs, practices, or policies can coexist peacefully; whereas restrictions to and policing of peaceful assemblies must respect legality, necessity, proportionality and non- discrimination;
Amendment 30 #
Motion for a resolution
Recital G
Recital G
G. whereas freedom of expression and access to information has been restricted in some Member States on the pretext of fighting disinformation in relation to COVID-19; whereas measures preventing terrorism or hate speech must not result in undue restrictions on freedom of expression; whereas strategic lawsuits against public participation (SLAPPs) have also been used to target civil society organisations (CSOs) and human rights defenders; whereas these exert a severe chilling effect on freedom of expression;
Amendment 36 #
Motion for a resolution
Recital H
Recital H
H. whereas freedom of association is being eroded in some Member States by reforms that put CSOs at risk of de- registration or introduce unduly burdensome administrative processes, including but not limited to the careless application of anti-money-laundering measures or policies restricting the right to engage in advocacy;
Amendment 44 #
Motion for a resolution
Recital I
Recital I
I. whereas in some Member States, restrictions have been imposed with the deliberate aim of limiting civic space and are accompanied by legal, administrative and fiscal harassment, criminalisation and negative rhetoric aimed at stigmatising and delegitimising CSOs and draining their capacity to carry out their legitimate work; whereas hate speech, also in the online space, verbal and physical harassment and attacks also emanate from non-state actors; whereas CSOs and human rights defenders working on women’s rights, including sexual and reproductive health and rights, environmental issues and the protection of minorities and LGBTI rights, as well as those providing assistance to migrants and asylum seekers and those involved in search and rescue operations, are particularly exposed;
Amendment 49 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the situation of LGBTI rights defenders in Europe was described as worrying by the Commissioner for Human Rights, who reported several instances of online and offline harassment, violent assaults, hate campaigns and death threats in Member States and neighbourhood countries; whereas this trend is interlinked with the scapegoating of other minority groups and it contravenes the principle that every person is born equal in dignity and rights;
Amendment 54 #
Motion for a resolution
Recital J
Recital J
J. whereas certain Member States have placed restrictions on CSOs’ ability to engage in political activities; whereas in others, accusations that CSOs are political have become tools to stigmatise and delegitimise them; whereas delegitimization in certain Member States can appear as state or media-run smear campaigns; whereas CSOs report discriminatory and restrictive funding practices in certain Member States;
Amendment 56 #
Motion for a resolution
Recital K
Recital K
K. whereas policies and practices instilling a chilling effect on civic space have been adopted in certain Member States with the aim of achieving self- censorship and deterring civic actors from exercising their rights; whereas such policies often combine vague provisions leaving large discretion to public authorities and disproportionately high sanctions; whereas the mere prospect of their application can be enough to instill self-censorship without an actual need to apply them;
Amendment 58 #
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas in some Member States emergency legislation in response to the health crisis has been used as a pretext to arbitrarily restrict fundamental rights and freedoms and crackdown on civil society and other dissenting voices; whereas these measures have been found in some cases not to have met the necessity, proportionality, time limitations and non- discrimination requirements, absent which any restrictions to fundamental rights and freedoms stemming from them cannot be considered legitimate and lawful;
Amendment 64 #
Motion for a resolution
Recital K b (new)
Recital K b (new)
K b. whereas while the spread of the COVID-19 pandemic has seen an unprecedented engagement of civil society organisations in providing solutions to the crisis and providing support to people in vulnerable situations, it has considerably impacted the right of association, assembly and expression; whereas despite their role on the ground, civil society organisations have not been consulted in the development of emergency measures;
Amendment 72 #
Motion for a resolution
Recital M
Recital M
M. whereas the emergence of government-organised non-governmental organisations (GONGOs) designed to always support the political legitimacy of those in power and support it in public debates and its political goals while presenting themselves as independent voices, constitutes one of the gravest forms of attack against CSOs, jeopardising their existence by undermining active citizenship;
Amendment 75 #
Motion for a resolution
Recital N
Recital N
N. whereas while CSOs increasingly perform economic activities and contribute to the social economy, no legislative steps have been taken to unlock their operations at EU level; whereas despite concrete CJEU case law, the principle of non- discrimination and the free movement of capital applied to cross-border donations is still not universally applied in Member States;
Amendment 79 #
Motion for a resolution
Recital O
Recital O
O. whereas foreign funding has been the target of legal and political attacks in some Member States; whereas in case C- 78/18, the CJEU ruled that the law referred to it violated free movement of capital and freedom of association;
Amendment 83 #
Motion for a resolution
Recital O a (new)
Recital O a (new)
O a. whereas CSOs participation in the development of law and policy should be facilitated by policy frameworks enabling them to engage in dialogue with public authorities; whereas while progress has been made both at national and EU level, civil dialogue still often remains an ad hoc process;
Amendment 89 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts the crucial role played by CSOs in the realisation of EU values and fundamental rights, and the implementation of EU law, policies and strategies; stresses their key contribution to informed public debate, articulating aspirations present in society, giving a voice to vulnerable and marginalised people, giving access to crucial services, providing expertise in policy-making, promoting active citizenship and acting as schools of democracy and indispensable watchdogs exercising democratic control over State institutions and ensuring accountability for public action;
Amendment 98 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that for civil society organisations to thrive, civic space must be an enabling and safe environment free from undue interference, intimidation, harassment and chilling effects; stresses the importance of media pluralism which is crucial for CSOs to be able to reach public opinion and therefore contribute to public debate;
Amendment 104 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Warns about the degradation of civic space throughout the EU with policies hampering CSOs’ operations, their access to sustainable funding and their ability to participate in decision-making; condemns any form of harassment, smearing, stigmatisation, criminalisation and scapegoating of CSOs; stresses how these jeopardize active citizenship, the expression of critical voices, thereby undermining public debate and hence the very foundations of democracy;
Amendment 108 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Notes that the COVID-19 pandemic has further accentuated many of the existing challenges faced by CSOs; notes with concern that certain governments took advantage of the pandemic to roll back civic space and pass controversial laws while society’s ability to mobilize was limited;
Amendment 115 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Agrees with the Commission that when civil society’s space to operate shrinks, it is a sign that the rule of law is at risk; urges the Commission, therefore, to step up and structure its monitoring of the situation of civic space in the Member States by creating a ‘European civic space index’ based on existing frameworks for measuring civic space, and by dedicating to civic space a fully-fledged chapter including country recommendations in its annual rule of law report; urges the Commission to make systematic use of the reports of the EU Agency for Fundamental Rights and to call on its support for methodological advice;
Amendment 126 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Urges the Commission, therefore, to adopt a comprehensive civil society strategy that integrates all existing tools, fills monitoring, support and protection gaps, and gives genuine political recognition to the crucial role played by CSOs in the realisation of EU values and policies, while clearly linking monitoring and reporting tools to enforcement mechanisms to ensure timely and effective follow-up action; and asserting the European Union’s unwavering commitment to protect and nurture the space in which they operate;
Amendment 130 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the scapegoating of minorities and vulnerable groups such as women and LGBTI persons is not an isolated event, but functions as a premeditated and gradual dismantling of fundamental rights, which are protected in Article 2 TEU, constituting part of a larger political agenda which has been called ‘anti-gender’ campaigns; calls on Member States to be particularly cautious of initiatives that attempt to roll-back on acquired rights which were designed to prevent and protect persons from discrimination and to promote equality;
Amendment 135 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the ability of CSOs to act depends on the existence of an enabling legal and political environment, in particular on the exercise of freedom of association, peaceful assembly and expression and the right to public participation; urges Member States to guarantee the exercise of these rights in conformity with international standards and to avail themselves of the possibility to request opinions on planned legislation from the Venice Commission;
Amendment 143 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the contribution of CSOs to the single market and the social economy, as well as their role in the realisation of EU values and policies, is a strong argument for removing the barriers to their operations at EU level; calls on the Commission, therefore, to propose legislation to approximate Member State laws in this regard; stresses that such legislation would not only provide minimum protection to CSOs but also create a level-playing field allowing them to harness the full potential of the single market;
Amendment 150 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls on the Commission to include a systematic civic space check in its impact assessments in order to prevent planned legislation from having negative effects on civic space and when risks are identified, to introduce necessary safeguards and draft guidelines for Member States’ implementation in cooperation with civil society; calls on the Commission to equally review existing EU law; calls on Member States to adopt similar measures at national level;
Amendment 157 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Member States to limit peaceful assemblies only if strictly necessary and in a proportionate way; warns against the broadening in some Member States of law enforcement authorities’ powers in policing assemblies; condemns any unnecessary use of force against protesters, as well as their criminalisation, prosecution and surveillance; calls on the Commission to issue guidelines for the protection of freedom of peaceful assembly both in times of health emergency and in normal times;
Amendment 171 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Condemns any threats and attacks perpetrated on CSOs by state actors including negative and stigmatizing rhetoric, scapegoating as well as legal, administrative and fiscal harassment; equally condemns all instances of attacks and threats perpetrated by non-state actors, including, but not limited to SLAPPs;
Amendment 175 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. UIs concerned by the low levels of reporting of attacks and threats on CSOs at national level; urges Member States to unequivocally condemn such acts, adopt preventive measures and systematically, thoroughly and impartially investigate any related allegations, invest in training programmes for authorities to better handle such cases; calls on the Commission to accompany such processes by providing recommendations and facilitating the exchange of best practices;
Amendment 180 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to include references to attacks against human rights defenders in its reporting under the Framework Decision on combating certain forms and expressions of racism and xenophobia, when monitoring and assessing EU rules and tools to protect the rights of victims of crime, and when revising EU provisions on combating hate speech and hate crime;
Amendment 184 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the setting up of an EU alert mechanism allowing CSOs and human rights defenders to register attacks and seek support; considers that such a mechanism will also help reporting at Union level and contribute to better information of the European public in general;
Amendment 185 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Restates that no proper response has yet been given to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights to be governed by an interinstitutional agreement between Parliament, the Commission and the Council; calls on the Commission and the Council to immediately enter into negotiations with Parliament on an interinstitutional agreement pursuant to Article 295 TFEU; recalls that the monitoring of civic space is deeply linked with democracy and fundamental rights, and that a mechanism to monitor Article 2 TEU values is the best tool for a holistic approach in such respect;
Amendment 189 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Is concerned by the difficulties expressed by CSOs in accessing resources and the additional strain caused by the pandemic on the availability of funding and fundraising activities;
Amendment 190 #
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Urges the Commission to use its enforcement powers against Member States which unduly restrict civic space in violation of EU laws, including through infringement proceedings, the Rule of Law Framework, the new regulation on EU funding conditionality and the procedure laid down in Article 7 TEU; calls on the Commission to ensure civil society active participation and meaningful contribution to these processes;
Amendment 194 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to identify existing obstacles and propose a comprehensive set of measures and recommendations to ensure long-term financing for CSOs; stresses the importance of securing complementary sources of funding including the funding of their operational activities related to advocacy and monitoring; stresses the importance of securing complementary sources of funding including public institutions at all levels, private, philanthropic and individual donors, membership fees and income generated through economic activities; emphasises that public funding should cover all types of civil society activities including advocacy, litigation and watchdog activities, education and awareness- raising, service provision as well as capacity and coalition building;
Amendment 200 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Condemns any form of politically or otherwise motivated discrimination in the allocation of public funds and ensuing chilling effects; calls on Member States to ensure clear, transparent and non- discriminatory procedures in this respect;
Amendment 209 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is gravely concerned by the emergence of GONGOs and related discriminatory and often opaque public funding practices; warns against their detrimental effect on the perceived legitimacy of CSOs and hence on citizens’ willingness to engage in active citizenship; calls on Member States to investigate and take action against groups instigating hate; emphasizes that they can distort public debate which can undermine the very fabric of democracy;
Amendment 213 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the adoption with an increased budget of the Citizens, Equality, Rights and Values Programme; calls on the Commission to actively consult CSOs in the definition of work programmes and funding mechanisms so as to ensure transparency, flexibility and user- friendliness; welcomes re-granting mechanisms in the Union Values strand; emphasizes the importance of securing sufficient funding for watchdog, advocacy and litigation activities, as well as capacity building, as these boost CSOs’ contribution to safeguarding EU values and fundamental rights; calls on the Commission to ensure that funding is earmarked to support CSOs in implementing the tasks and roles assigned to them in its various sectoral policies; calls for a specific emergency funding and practical support for civic actors and human rights defenders at risk;
Amendment 221 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Calls on the Commission to redouble its efforts to boost CSO participation in the CERV programme and other centrally managed funds, including via further simplification, more flexible eligibility criteria, and targeted information and training; calls on the Commission to step up its monitoring of practices in Member States and provide recommendations ways to boost CSO participation in programmes under shared management; calls on the Commission to better involve and train CSOs in monitoring the spending of EU funds at Member State level;
Amendment 224 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Considers that budgetary support for civil society organisations should not only be foreseen, but also promoted and supported in all EU programmes; regrets that the European Recovery Package did not target specifically civil society organisations in addition to business and small and medium companies; calls the European Commission and Member States to ensure that CSOs are involved throughout the implementation and the monitoring of the National Recovery and Resilience Plans and of other funds under shared management; calls on the Commission to ensure that independent civil society organisations are not negatively impacted by the withdrawal of funding under the regulation in cases where there is a suspicion that EU funds could have been misused by a member state, by providing for specific modalities to channel funding to CSOs adapted to the environment in which they operate;
Amendment 229 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Urges the Commission to ensure that EU fundsset out conditions and procedures to ensure that EU funds, whether in direct or shared management, are only awarded to organisations that are strictly independent from any government and fully adhere to EU values;
Amendment 239 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns attempts by certain Member States to impose limitations on foreign funding and the related political narratives they have promulgated and measures they have taken with the aim of stigmatising CSOs; recalls that the CJEU found that these violate free movement of capital and freedom of association; calls on the Commission to keep initiating infringement procedures in this regard and systematically apply for interim measures;
Amendment 245 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Emphasizes the importance of tax incentives to boost private donations; encourages Member States to further develop such schemes; calls on the Commission to map best practices and produce recommendations;
Amendment 246 #
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Calls on the Commission to produce guidance on the principle of non- discrimination and free movement of capital applied to cross-border donations; emphasizes that an approximation of the definition of the concept of public benefit would enable mutual recognition and equal treatment in terms of cross-border donations and benefits related to such public benefit status;
Amendment 251 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission to produce guidance on the principle of non- discrimination and free movement of capital applied to cross-border donations; calls for an EU-level definition of the concept of public benefit, as that would boost cross-border donations insofar as it would enable mutual recognition of public benefit status and equal treatment in terms of the related advantages; invites the Commission to set up measures to remove obstacles to cross border philanthropy and ensure equal treatment of donations across borders inline with CJEU rulings;
Amendment 256 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the importance of civil dialogue in informed policy-making and emphasises that the privileged position of CSOs in contact with citizens, including marginalized or vulnerable groups, and their expertise, confers on them a key role in civil dialogue;
Amendment 259 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Welcomes positive steps taken in some Member States with new civil dialogue strategies and civil society advisory committees; condemns however, practices deliberately hampering CSO participation such as their exclusion from public processes, the recourse to opaque catch-all laws and accelerated parliamentary processes bypassing consultation and deliberation obligations;
Amendment 261 #
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Recalls that the urgency of COVID-19-related measures further limited CSOs’ access to decision-making; notes however efforts made to counter this in a number of Member States;
Amendment 264 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Regrets that civil dialogue often remains an ad hoc process; calls on the Member States to develop coherent policy frameworks that ensure structured, predictable and long-term processes, inclusive participation and systematic review systematic review, and to allocate appropriate means including for training relevant officials; calls on the Commission to provide recommendations based on the analysis of existing practices;
Amendment 271 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
Amendment 273 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Considers that all EU institutions should review their terms of engagement with CSOs inline with Article 11 to ensure an open, transparent, meaningful and regular dialogue with civil society, on an equal footing with other stakeholders; calls for an interinstitutional agreement on civil dialogue between all main institutions covering all areas of Union policy as well as transversal processes such as, for example, the State of the Union or the Conference for the Future of Europe;
Amendment 274 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the attribution to a Commission Vice-President of the responsibility to maintain an open, transparent and regular dialogue with civil society; stresses that civil dialogue should be further operationalised; invites in particular the European Commission to set up within each Directorate General specific focal points for civil society to be in close contact with the Vice-President and the coordination of the Secretariat General; invites the European Commission to set up a participatory status with civil society; considers it key that a wide variety of CSOs is given a prominent role via a transparent selection process in expert groups and advisory forums assisting the Commission and that emphasis is put on CSOs speaking for vulnerable and underrepresented groups;
Amendment 282 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to leverage the definition of national programmes implementing EU funds and the implementation by Member States of EU strategies and action plans to require Member States to put in place effective CSO participation and civil dialogue mechanisms;