FOREWORD
Respect for the rule of law, which is intrinsically linked to human rights and democracy, is declining worldwide. The independence of the judiciary, transparent and accountable governance, media freedom and the separation of powers are being eroded, a situation compounded by some executive measures taken in response to the COVID-19 pandemic.
Against this background, the European Commission has set out to prepare its first annual assessment of the rule of law in EU member States. Expectations are high. Will the new EU initiative be able to prevent regression and restore the rule of law where it has been weakened? Will the new initiative spur a more joined-up approach between the European Parliament, the European Council and the European Commission? And will it lead to a better integration of the existing political and legal tools, proposals, and ideas about the rule of law that are being floated at EU level?
In this paper, the UN Human Rights Regional Office for Europe, guided by the universal mandate of the UN High Commissioner of Human Rights, recommends regarding the rule of law through the prism of human rights and its core principles of accountability, inclusion, participation and transparency. There are avenues for strengthening existing EU rule of law tools and for optimizing the new initiative in terms of substance, methodology, process and outcome. In a constructive spirit, this paper suggests drawing on the rich expertise, experience and lessons learned by the international human rights machinery over the past 75 years.
In February 2020, the UN Secretary-General, in his Call to Action, appealed to all stakeholders to make better use of the international human rights instruments to meet the challenges, opportunities and needs of the 21st century. The annual rule of law report to be prepared by the European Commission should align with the Universal Declaration of Human Rights and other sources of international human rights law. It should strive to be comprehensive in scope by using validated indicators and by seeking to complement existing international, regional and national mechanisms.
Participation and transparency are also critical for the credibility of the initiative. For decades, assessments by the Treaty Bodies, the Special Procedures of the UN Human Rights Council and the Universal Periodic Review have balanced States’ perspectives with findings from regional organizations, national human rights institutions and civil society. This paper explores the inclusive methodology of the Universal Periodic Review as a possible model for the rule of law initiative and advocates for a greater role for the EU Fundamental Rights Agency and independent national human rights institutions. Meaningful participation also requires creating a system to protect those who contribute information from reprisals. Staff from national human rights institutions, equality bodies, journalists, activists and others must be able to speak out in safety. Protecting human rights defenders is a cornerstone of EU policy abroad; let us also make it one within its own borders.
Birgit Van Hout Regional Representative for Europe Office of the UN High Commissioner for Human Rights (OHCHR)

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