Capacity building for litigating cases relating to democracy, rule of law and fundamental rights violations

Topic description

Scope:

Priorities, activities to be co-financed and expected results

1. Priorities

The Commission is implementing a preparatory action^[1] to create an EU fund for awareness raising and legal assistance to individuals and civil society organisations litigating democracy, rule of law and fundamental rights violations. The objective is to increase the awareness and knowledge of EU law, including the Charter of Fundamental Rights (the Charter), and existing remedies and redress mechanisms to enforce them at national and European level.

To pursue the general objective to contribute to effective access to justice for all and a more effective and coherent implementation and application of EU law, including the Charter, the call sets the following specific objectives:

• To strengthen the knowledge and ability of legal professionals and practitioners, including those working for civil society organisations and independent human rights bodies, to effectively engage in litigation practices at national and European level to improve access to justice and enforcement of rights under EU law, including the Charter, through training, knowledge sharing and exchange of good practices;
• To support leverage activities, e.g. communication and campaigning, which help to raise awareness about rights, existing remedies and redress mechanisms.

2. Description of the activities

The success of strategic litigation initiatives rests on a comprehensive approach which requires specific skills and knowledge by all actors involved, in particular legal professionals and practitioners. Therefore, training activities, knowledge sharing and exchanges of good practices are needed to reinforce capacities and to strengthen cooperation among these actors. In addition, communication, campaigning and awareness raising activities are as important as the actual litigation to mobilise public opinion, to maintain individuals engaged throughout the process and to ensure the future enforcement of the decisions.

EU support can help build the capacity of relevant actors to develop this strategic approach to litigation practices in areas covered by EU law, including the Charter. This call for proposals therefore focuses on funding partnerships and activities benefitting legal professionals and practitioners who may assist or represent individuals wishing to litigate their rights under EU law, including the Charter, at national and European level, in particular through the following activities:

• the development of practical learning tools and initiatives to increase the availability and uptake of specialised knowledge (e.g. thematic databases of jurisprudence);
• the development and delivery of training and train the trainers modules for legal professionals (such as experts, lawyers and legal advisers) and practitioners;
• the exchange of good practices, knowledge and skills, and mutual learning activities, including through the development of strategic partnerships and networks and awareness raising initiatives.

Activities must focus on the rights enshrined in the Charter and must be relevant for areas covered by EU law.

Activities must take place in the Member States of the European Union to be eligible.

Activities should not duplicate but demonstrate how they build on previous or ongoing EU-funded projects, when relevant.

Training activities for legal professionals and practitioners should use interactive modern training methodologies, getting inspiration from the Commission “Advice for training providers” and the good training practices advertised on the European e-Justice Portal.

3. Expected results

• Increased awareness and knowledge by legal professionals and practitioners (including from civil society organisations and independent human rights bodies) about EU law including the Charter and existing remedies and redress mechanisms to enforce them at national and European level;
• Increased awareness and knowledge by the general public of their rights under EU law including the Charter, existing remedies and redress mechanisms to enforce them at national and European level as well as awareness and knowledge about support available by legal professionals and practitioners;
• Strengthened abilities of legal professionals and practitioners to cooperate and engage in litigation practices to assist individuals in making effective use of available remedies to enforce their rights under EU law, including the Charter, before national and European courts.

[1]COMMISSION DECISION on the financing of the preparatory action Union fund for financial support for litigating cases relating to violations of democracy, rule of law and fundamental rights and the adoption of the work programme for 2018 (C(2019) 120).