Transparency International EU (TI EU), Civil Society Europe, and the European Partnership for Democracy (EPD) expressed serious concerns about the potential negative impacts of the European Commission's proposed Defence of Democracy package. The proposed legislation raises concerns about its legal basis, implications for fundamental rights, and global consequences.
Key Concerns
Stigmatization of Civil Society: The proposed requirement for civil society organizations (CSOs) to disclose foreign funding risks labeling them as "foreign agents," which could lead to unwarranted and harmful stigmatization. This could stifle civil society voices and undermine the very democratic values that the package aims to protect.
Inadequate Legal Basis: The impact assessment for the proposed package does not adequately justify the Commission's focus on foreign funding, casting doubt on its legitimacy and necessity.
Potential Violations of EU Law: The proposed package may breach EU primary law, affecting both economic freedoms and fundamental rights.
Lack of Risk Assessment: The package lacks a thorough fundamental rights impact assessment to identify the types of organizations that could pose a risk of malign foreign interference.
Neglect of Domestic Threats: The package fails to address threats of malign interference originating from within the EU itself.
Undermining Global Efforts to Strengthen Civil Society: The package could undermine the EU's own efforts to strengthen civil society in third countries, as it mirrors foreign agent laws that the EU has opposed elsewhere.
Proposed Alternative
The proposed Defence of Democracy package in its current form raises serious concerns and may have unintended negative consequences. The organizations urge the European Commission to reconsider the package and adopt a more comprehensive and balanced approach that protects democratic values without stifling civil society.
Nick Aiossa, Acting Director at TI EU, said “The proposal will not meet the policy objective of capturing malign influence. If the Commission really wanted to protect democracy, they would introduce a comprehensive act that would include all interest representatives and close loopholes, truly addressing both foreign and internal malign elements.”
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