Event report

The representatives of the institutions of Cantabria: Government of Cantabria University of Cantabria ***** Three young people from Cantabria representing youth in the region, invited to reflect, respectively, on judicial systems, media pluralism and other institutional issues related to control and balance of powers: Andrea González Valle, Graduate in Law from the University of Cantabria (UC) Yago Nan Fernández Ayala, Graduating in Law and Political Science from the Complutense University of Madrid Alvaro Moreda Gómez, Graduating in Labour Relations from the UC, President of the UC Student Council (CEUC) and the Union of Students of Cantabria ***** And other young people and students from the University of Cantabria, university professors and Cantabrian civil society in general ***** propose that the Conference on the Future of Europe be the occasion to work: On JUDICIAL SYSTEMS • The essential character of an effective judicial system to underpin the rule of law has been highlighted. The proper functioning of the judicial system requires strengthening respect for the principle of judicial independence and the right to an effective remedy. Only independent judges and courts are able to ensure effective enforcement of the rights and obligations recognised at both national and European level. • The need for genuine instruments to give effect to both national and European judicial decisions has been stressed. In particular, it is considered essential to address some recent legal problems relating to the effectiveness of judicial decisions, such as those raised by the application of the European Arrest Warrant by the national courts or the annulment by the European courts of trade and fisheries agreements concluded between Morocco and the EU, which include Western Sahara. • It is stressed that the recent implementation of the European arrest warrant seems to have put on the table issues such as the limits of the principle of mutual recognition of judicial decisions between EU Member States, the scope of the Euroorder as a tool to expedite judicial cooperation on the basis of the principle of mutual trust, whether the refusal to comply with extradition should be exceptional and what the scope of the power of weight of the deciding State, or even the need for harmonisation of national legislation, must be. • It has drawn attention to the fact that the European justice system suspended the effects of its own judgments concerning the agreements with Morocco, arguing the need to preserve the Union’s external action and the legal certainty of its international commitments. This raises questions such as: what kind of measures the EU can take to put an end to these agreements, what the EU can do to protect Western Sahara’s natural resources, or what the level of European involvement in pushing forward the referendum on Saharawi right to decide? • It is emphasised that problems such as these highlight the need to meet the challenge of providing real means to give effect to judicial decisions at both national and European level. ***** On Freedom and PLURALISM OF COMMUNICATION MEASURES • Precisely to ensure the proper performance of democracy and a true exercise of freedom, it is necessary to recognise the importance of the right to truthful information. It is one of the fundamental values in democracy, in that it contributes to a well-informed citizenry and committed to public well-being. • In order to guarantee this right, media pluralism and pluralism in the ownership of the media are important. Thus, it is important to ensure diversity and wealth of information, which addresses reality from all possible points of view, providing citizens with sufficient perspective for decision-making. It is also crucial to avoid media concentration among few owners, in order to prevent conflicts of interest from obscuring information on various aspects of interest to the owners of these publishing groups. The rise of digital media has been highlighted, where new independent projects are consolidating a rich and varied information offer. • The lack of media interest in European affairs has been criticised. If the right to information is a fundamental value of democracy and the rule of law, it is essential to inform European affairs as well. However, it has been reported that there are hardly any specialised media in this area and those who touch it relay the information to the less visible spaces of its content. • The proper functioning of the European Union will depend on the ability to involve well-informed citizens in decision-making. This is the antidote, among other things, to end corruption, which must not only be prosecuted through criminal proceedings, but also by providing citizens with the tools to scrutinise politicians and make accountability effective. In this respect citizens should be made aware of the rights conferred on them by European citizenship (right to petition the European Parliament, vote and stand as a candidate in elections to the European Parliament, etc.) which can help them to control the public authorities and are not being used sufficiently. ***** On OTHER INSTITUTIONAL QUESTIONS IN RELATION TO CONTROLS AND THE EQUILIBRIO OF PODERS • The fundamental role of citizens, and young people in particular, in counterweighting, controlling and being critical of those exercising political power and with the media has been highlighted. Awareness-raising in this regard is an important step necessary for the rule of law to function effectively. • It has been emphasised that institutional balances and mutual control of state bodies remain essential for power to be distributed at different levels and not just in one state. Judicial and constitutional review of laws remains a key element of particular importance for the rule of law, as evidenced by the important role played in monitoring the measures taken to respond to the COVID-19 pandemic, even when they have been triggered ex post. • It is imperative that the States see that the advantages of belonging to the European Union go far beyond the economic process and political stability and that they understand that the transfer of the exercise of sovereign powers and the fulfilment of the obligations imposed by membership of the Union is a lesser evil. The promotion and protection of the values underpinning it and the strengthening of the rule of law are a priority for the effective functioning of the Union and essential for the success of the integration process. Europe is not only an economy, it is also a Europe of values. ***** To AFRONT THE RETIES IN VALORS AND RIGHTS MATERIA, RIGHT AND SECURITY STATE, • It is important to strengthen the appropriation by young Europeans of democratic culture and the rule of law and to prevent the alienation of citizenship to democratic values. Greater socialisation of the European model and values at the educational level is missing. Education is recognised as a key tool for developing critical thinking and helping to reduce the risks of democratic backsliding. It is therefore proposed to focus increasingly on programmes that foster the European spirit in the young population (following the successful wake of the Erasmus programme), but also to address this challenge through the establishment of shared teachings that foster a European identity or culture, so that young people can embrace those principles and values that define what the EU is and should remain and thus contribute to the sense of belonging to the Union. • It is necessary to find new spaces and improve existing ones for civil society and its young people to express their views and expectations. Their voice needs to be heard more intensively and given greater prominence, particularly during the Conference on the Future of Europe process itself. It is clear that Europe can no longer be built without the involvement of civil society. However, the role that civil society must play and how to integrate it into this process remains unclear for the time being, inter alia because of the debate on the greater legitimacy of elected public representatives in elections vis-à-vis civil society. • It has been reported that one of Europe’s major deficits as a political project is the absence of a common media space. But citizens must know what is being debated in Europe. They should be made aware of the scope of the instruments the EU has at its disposal to act and of civil society’s own means of political control. They should also be informed of the effects of decisions taken within the European Union, including judicial decisions. All this will avoid false expectations or future misunderstandings (as in the case of the Euroorder or the lack of awareness of the economic, political and social cost of the judgments in the Saharawi case). • It is essential to continue working hard to defend the rule of law. The EU needs ambitious reforms to ensure the promotion and protection of European values. More effective, even innovative, mechanisms and standards are needed to boost democracy, protect the rule of law and preserve the values on which this European project has been founded.