Subject: Press censorship by Spanish Socialist Government and EU standards
The EU institutions have been castigating the governments of countries such as Hungary, Poland and the Czech Republic, which have, however, simply been acting in line with their respective constitutions.
In view of this, does the Commission intend to issue a warning and/or impose sanctions on the PSOE-Podemos Government of Spain for blatant censorship at recent press conferences given by the Prime Minister and members of his cabinet, infringing the fundamental rights and freedoms enshrined in Article 20 of the Spanish Constitution, Article 11 of the EU Charter of Fundamental Rights and Article 3 of the Treaty on European Union, especially in view of the Commission President’s declaration that ‘democracy cannot function without free and independent media’?
Does the Commission consider that a left-wing administration is entitled to exemption from EU monitoring to which democratic governments of other political hues are subject?
Is there any EU provision of which we are unaware that precludes criticism of left-wing governments for infringement of their own constitutions, one example being selective press censorship by the Sanchez government, while making it possible to castigate other governments that are acting within their constitutional rights?
Answer given by Vice-President Jourová on behalf of the European Commission (20 July 2020)
As part of emergency measures to address the health crisis caused by the outbreak of the coronavirus, some Member State governments have stopped traditional press conferences in favour of virtual ones, with ad hoc rules for managing access to the ‘virtual floor’.
The Commission has made clear the response to this crisis must fully respect our fundamental principles and values as set out in the Treaties.
Emergency measures must be limited to what is necessary, strictly limited in time and be in line with constitutionally enshrined safeguards and European and international standards. Governments must make sure that such measures are subject to regular democratic scrutiny.
The Commission is monitoring the emergency measures taken in all Member States, how they are being applied in practice and what their impact is on the rule of law, on fundamental rights and on EC law.
The Commission is also monitoring the impact of such measures on free and fair elections and on a fair democratic debate. Democracy cannot work without a free and independent media, which includes the freedom from censorship or political control.
The Commission is also considering how to reflect, as relevant, the situation of the emergency measures in Member States in upcoming policy documents such as the Rule of Law report, the European Democracy Action Plan and the renewed Fundamental Rights Strategy, all due for adoption by the end of 2020.
Whether the measures taken by the Spanish authorities are compatible with the Spanish legal framework, including the provisions and guarantees in the Spanish Constitution, would be a matter for Spanish courts to determine.
