WHAT’S UP IN EU DEMOCRACY

1) New European Democracy Shield.

In her Political Guidelines for 2024-2029, President von der Leyen announced a new European Democracy Shield to respond to the most serious challenges and increase the resilience of our democratic systems and societies. The initiative will build on the European Democracy Action Plan (2020) and the Defence of Democracy Package (2023) and respect democratic values and fundamental rights, including the EU’s enduring commitment to preserving and promoting freedom of expression.

In brief, it is a European Commission initiative aiming to protect and promote democracy in the EU. It seeks to build societal resilience and increase citizens’ trust in democratic institutions by countering disinformation and foreign interference, ensuring fair elections, strengthening democratic frameworks, and fostering citizen participation.

So far, the main steps were the following:

  • On 11 February 2025, the European Commission’s work programme was published. Under policy objective no. 3.5. – Protecting our democracy, upholding our values – the Commission announced a non-legislative initiative, a Democracy Shield seeking to tackle ‘the evolving nature of threats to our democracy and electoral processes’. Citing attacks against democracy, the rule of law and fundamental rights from rising extremism, threats against journalists, election interference, the spread of information manipulation and various forms of hybrid threats, all of which further exacerbated by digitalisation, the Commission pledges to step up its engagement to support, protect and empower civil society given the latter’s important role in protecting democratic systems.
  • On 31 March 2025, the Commission opened a public consultation on the European Democracy Shield, which is open until 26 May 2025.
  • On 1 April 2025, the Commission launched a call for proposals to support a European Network of Fact-Checkers, in line with President von der Leyen’s 2024–2029 political guidelines.
  • On 18 December 2024,Parliament voted to set up a Special committee on the European Democracy Shield (EUDS). The committee will assess existing and planned EU legislation and measures in the light of potential malicious interference in democratic processes, including in view of Commission’s upcoming European Democracy Shield. It will propose tangible solutions to strengthen EU resilience to hybrid threats and attacks and to improve the Union’s legal and institutional framework. Moreover, EUDS will examine the activities of the Commission and European External Action Service in combatting foreign information manipulation and interference.

More information at the following link: https://www.europarl.europa.eu/legislative-train/package-european-democracy-action-plan/file-european-democracy-shield

2) Removal of Hungarian MEPs. In Hungary, a legal change was proposed that could allow for the removal of Hungarian Members of the European Parliament (MEPs) if they are found to have intentionally provided false information in their asset declarations.

More information at the following link: https://www.europeanlawblog.eu/pub/kzoio9uw/release/1

3) Hungary’s withdrawal from the ICC. Hungary’s withdrawal from the International Criminal Court could affect the credibility of the European Union.

More information at the following link: https://verfassungsblog.de/how-hungarys-withdrawal-from-the-international-criminal-court-affects-the-credibility-of-the-european-union/

4) Art. 122 TFEU as legal basis for the security action for Europe (SAFE). The legal basis chosen for the incoming security action for Europe (SAFE) is art. 122 TFEU, to be used in exceptional circumstances and on a temporary basis. It requires the qualified majority in the Council but not of the EP, which is only informed ex-post of the decision. The lack of adequte democratic control and participation arising from the use of art. 122 TFEU has been denounced by the doctrine and in the recent interinstitutional debates at the beginning of this legislature.

More information at the following links:

5) PETI Activity Report 2019-2024. The Committee on Petitions (PETI) Activity Report 2019-2024 is available at the following link: https://www.europarl.europa.eu/cmsdata/283605/PETI%202019_2024%20Activity%20Report_FINAL.pdf

6) Emilio De Capitani v Council of the European Union. The Report for the Hearing in Case T-590/23, Emilio De Capitani v Council of the European Union, is available at the following link: https://extraeudem.jus.unipi.it/wp-content/uploads/2025/05/T-590-23-ReportToTheHearing-DeCapitani-v-Council_30-04-2025.pdf

7) Stevi and The New York Times v Commission. The Commission decision refusing a journalist of The New York Times access to the text messages exchanged between President von der Leyen and the CEO of Pfizer is annulled by the Court of Justice of the EU. More information at the following links:

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