Protecting the pillars of democracy during health crises
- Author(s):
- Parliamentary Assembly
- Origin
- Text
adopted by the Standing Committee, acting on behalf of
the Assembly, on 25 November 2022 (see Doc. 15650, report of the Committee on Political Affairs and Democracy,
rapporteur: Ms Marietta Karamanli).
1. The Covid-19 pandemic that swept
across the world in early 2020 was and is above all one of the most significant
public health crises in contemporary history, and the crisis with
the most serious repercussions for health, societies, economies
and freedoms. Saving lives and protecting citizens’ health through
the introduction of exceptional restrictions were, legitimately,
governments’ main priorities. The pandemic and the emergency measures
taken to end it have therefore had a major impact on all aspects
of people’s lives and societies.
2. The Parliamentary Assembly refers to all the resolutions and
recommendations on the various aspects of this crisis which it has
adopted since 2020. It draws particular attention to
Resolution 2337 (2020) and
Recommendation 2179 (2020) “Democracies
facing the Covid-19 pandemic” in which it took stock of the pandemic’s
impact on the way democratic institutions work and warned Council
of Europe member States against any attempt to use the public health
emergency resulting from the pandemic to undermine the fundamental
principles of democracy.
3. Overall, pandemic management by member States ensured the
resilience, the continuity and proper functioning of democratic
institutions and mechanisms, including the democratic system of
checks and balances, parliamentary work and the holding of elections,
even at the most difficult times of the pandemic, and paved the
way for a gradual return to normal.
4. New crises or emergencies of a different nature could, however,
again prompt public authorities to take exceptional emergency measures
that call into question the democratic order. The Assembly therefore
calls for vigilance to be exercised and considers it necessary to
reiterate the importance of ensuring that the key mechanisms and
institutions of democracy function properly, with particular attention
being paid to parliaments, elections, local democracy and civil
society organisations.
5. Parliaments are vital democratic institutions that play a
crucial role in representing, deliberating, legislating and overseeing
government action, thereby ensuring the legitimacy of the democratic
system. The pandemic has severely tested parliaments’ capacity to
perform some of these core functions. The Assembly is concerned
that, two and a half years on from the outbreak of the pandemic,
the governments of some Council of Europe member States are still
using exceptional powers and procedures, and are therefore able
to escape parliamentary scrutiny.
6. The Assembly points out that it is of the utmost importance
to ensure the continuity of parliamentary work and the full exercise
of parliaments’ powers during crisis situations. To this end, it
calls on the authorities of member States and observers of the Council
of Europe and countries whose parliaments have observer or partner
for democracy status with the Assembly to:
6.1 make the necessary changes to parliamentary structures,
rules and procedures, preferably on the basis of a consensus between
the main political forces, to ensure the continuity of parliamentary business
during emergencies, in particular as regards the physical or hybrid
presence of their members and adjusting voting arrangements;
6.2 ensure permanent and effective scrutiny by parliamentarians
of government decisions, in particular by simplifying the procedures
for putting oral or written questions to the government, initiating thematic
monitoring and organising fact-finding missions and regular hearings
in committee of government members, in order to provide legal safeguards
against possible infringements of fundamental rights and freedoms;
6.3 involve parliamentarians in the work carried out by scientific
authorities in order to guide decision making on how to combat the
disease, protect the public and return to normal as quickly as possible,
as well as on how to counter misinformation;
6.4 involve parliamentarians in the co-ordination work carried
out between State services and local authorities in order to monitor
the implementation of measures taken at local level and ensure their autonomy
to the fullest extent possible;
6.5 provide for parliamentary scrutiny of the crisis management
through parliamentary committees of inquiry or parliamentary missions,
both during and after the crisis;
6.6 consider, where appropriate, the possibility of bringing
cases before judicial bodies (constitutional courts or councils,
or high courts) throughout the period of emergency in order to check
whether measures taken by the government are necessary and proportionate
to the urgency of the situation.
7. The Assembly points out that the right to participate at regular
intervals in free elections on the choice of the legislature is
a fundamental human right. The pandemic disrupted the standard election
timetable in several member States, which decided to postpone or
suspend elections or referendums. In addition, the introduction of
restrictive measures to curb the pandemic’s spread affected freedom
of movement and freedom of assembly, which are vital to any electoral
process.
8. The Assembly reiterates its call to member States to apply
the principles devised by the European Commission for Democracy
through Law (Venice Commission), when deciding whether to postpone,
or change the procedures for, elections during a public health emergency,
and refers to
Resolution 2337
(2020). It also calls on member States that have not
yet done so to adapt or amend legislation on elections in advance so
as to allow the electoral process to continue during public health
crises, and to provide for, among other things:
8.1 new campaigning methods, such
as the use of public or private media, the use of the internet and social
media;
8.2 expanding voting arrangements, for example by extending
the right to vote by proxy and increasing postal voting, as well
as by considering the introduction of e-voting;
8.3 increasing the limits on election spending for periods
beyond the initial election deadline;
8.4 the need to ensure the conditions for effective electoral
competition by enabling local debates to be held, including by media
which are usually not required to reflect a plurality of opinions;
8.5 implementing public health measures and taking other steps
to ensure that votes can be cast and that observation missions can
take place.
9. The pandemic has had a major impact on the functioning of
local and regional democracy and has brought about a shift in the
balance of power between local, regional and national levels. Several
States centralised crisis management at national government level
on the one hand while, on the other hand, making local authorities
responsible for the management, and consequences, of the pandemic,
without providing the necessary resources or giving them the opportunity
to take part in drawing up policies and decision making.
10. The Assembly appreciates the outstanding work undertaken by
the Congress of Local and Regional Authorities of the Council of
Europe (the Congress) to monitor compliance with the European Charter
of Local Self-Government (ETS No. 122), even during the pandemic.
It calls on the authorities of Council of Europe member States to:
10.1 address the recurring issues
relating to the charter’s implementation which were compounded by the
pandemic, as identified by the Congress, in particular with regard
to limited local financial autonomy;
10.2 strengthen the level of resilience and preparedness for
future health emergencies or crises by striking the right balance
between centralised and decentralised authorities within multilevel
governance systems and ensuring that they interact effectively;
10.3 amend electoral legislation so that local elections may
be held during emergencies or health crises.
11. Civil society organisations are a key part of any truly democratic
system. They enable citizens to act collectively in many areas of
common interest and are a key pillar of public life. The restrictions
that authorities have imposed to curb the pandemic’s spread have
had a serious impact on the situation of civil society. However,
many civil society organisations have pursued their role in promoting
human rights, acting as watchdogs, monitoring government responses
to the pandemic and holding policy makers accountable.
12. The Assembly considers that fostering a safe and vibrant space
for civil society is vital for sustaining social cohesion, the rule
of law and a healthy democracy. It refers to
Resolution 2471 (2022) “The impact
of the Covid-19 restrictions for civil society space and activities”
and calls on the authorities of the member States to strengthen
the protection of fundamental rights in all circumstances and help
provide an environment in which civil society organisations may
continue to perform their function.
13. Lastly, the Assembly calls on the authorities of the member
States and observers of the Council of Europe and countries whose
parliaments have observer or partner for democracy status with the
Assembly to carefully examine the lessons to be learned from managing
the Covid-19 crisis and from its impact on the functioning of institutions
which are pillars of democracy and on respect for human rights and
fundamental freedoms, with a view to ensuring that future public
health crises and emergency situations do not undermine crucial
aspects of democratic order. In particular, it stresses the importance
of:
13.1 guaranteeing access to
reliable information and ensuring freedom of expression, including
on crisis management;
13.2 enhancing the protection of the most vulnerable population
groups and minorities who have difficulties in accessing public
services or asserting their rights, including their right to healthcare;
13.3 paying particular attention to personal data protection
in the light of the increasing reliance on digitisation and data
processing both online and in specialised information systems, including
for healthcare.
