Francisca Van Dunem at a seminar on the Rule of Law

“The Rule of Law is a horizontal priority of the Portuguese Presidency of the Council of the EU”, said the Minister of Justice, recalling that, together with the European Commission, a two-day high-level conference on the Rule of Law in Europe was organised in Coimbra, which brought together several speakers, ranging from politicians to European and national judges and academics.

The Rule of Law is concerned with the control of public powers through the law, the democratic legality being a central element. Separation of powers, independence of the judiciary and freedom of expression are essential for its functioning and for the protection of the citizens’ rights and civil liberties. The Rule of Law is an identity feature common to the political systems of European States.

The Treaty on European Union enshrines the Rule of Law as one of the values of the Union, which is common in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality prevail.

As Francisca Van Dunem referred, “the Rule of Law, democracy and fundamental rights are inseparable blocks in the construction of our societies. Fundamental rights can only be guaranteed if effective judicial protection is ensured, if the principle of equality is fully respected, if there is freedom of expression and informed debate, with independent and responsible media, and an active civil society”.

Ensuring full respect for the Rule of Law and fundamental rights is not a simple or easy task. This principle is like a polyhedron with many faces, all equally important, in particular the principle of legality that binds the public powers; the principle of accountability of governments to the people; the principle of access to justice by independent and impartial courts; the principle of equality, or freedom of expression and information and freedom of the press.

“The Constitution of the Portuguese Republic, adopted in 1976, expressly enshrines the freedom of expression and freedom of the press and of the media. Freedom of the press covers the right to inform, receive and be informed without any restriction or discrimination. The enjoyment of these rights cannot be prevented or limited by any type or form of censorship ", said the Minister of Justice.

Freedom of expression is also protected by Article 10 of the European Convention on Human Rights and Article 11 of the EU Charter of Fundamental Rights, including the right to receive and impart information and ideas without interference by public authorities. According to the established case-law of the European Court of Human Rights, the duty of the press is to convey, in a manner consistent with its obligations and responsibilities, information and ideas on all matters of public interest. Correspondingly, the public has the right to receive such information.

In the Minister’s words, "it is, however, clear that the press has undergone significant changes in recent decades. The media and press freedom are currently facing unprecedented challenges, such as the progressive replacement of the written press by online channels with their impact on funding and the still scarce regulation of many Internet domains, the prominent role of the media in the sharing of information, misinformation and fake news, the precariousness of the journalist profession and attacks on the freedom and on a pluralist press. Fake news, hate speech and misinformation are powerful instruments in the polarisation of society and the manipulation of crowds. The assault on the American Capitol last January, motivated by allegations of fraudulent elections, was a very real and worrying example of that. These phenomena further underline the essential role of the press in a healthy and active democratic society”.

Francisca Van Dunem also considered that corruption is a particular threat to the Rule of Law. Corruption is a daily threat to democracy, good governance, transparency and fair competition. It erodes moral values, weakens institutions, increases insecurity and undermines the full enjoyment of human rights and fundamental freedoms. Times of crisis tend to maximise levels of corruption, exposing the most vulnerable populations to greater risks of human rights violations, as well as revealing corruption phenomena in areas of greater circumstantial fragility, such as in the health area.