The Liberties Rule of Law Report 2026, now in its seventh edition, shows a continued decline in the rule of law across the Union. The decline is most pronounced in the system of checks and balances, where over the years the European Commission made the lowest number of recommendations, yet Liberties members recorded the highest levels of decline. Widespread issues were identified on fast-track lawmaking, laws restricting civil society organisations and the independence of oversight institutions.
Here we focus on a particular blind spot - the right to peaceful protest, where the Commission made no recommendations yet entrenched violations have been documented across the region.
Why does the right to peaceful protest matter?
Civic space is the environment where people can speak, protest and organise to take part in society and have their voice heard without fear of restrictions or threats. The right to peaceful protest is a core part of that space, and often the last resort when other avenues have failed. Legal frameworks shape whether protest is enabled or extinguished. However, recent analysis shows a shift from protection to suppression of spaces that should enable expression and debate.
Legal Restrictions on the Right to Protest
There have been no recommendations from the European Commission regarding the freedoms of peaceful assembly, leaving a crucial gap in oversight where restrictive measures can be implemented with limited scrutiny. Liberties observed a shift, from bans on individual protests and excessive use of force by the police, to an increasing resort to legal action and restrictive legislation.
In Hungary, the government changed laws on assemblies and facial recognition to criminalise protests that violate the country’s ‘Propaganda Law’ which bans the depiction of homosexuality to people under 18. This led to criminal investigations against the Mayor of Budapest and the organiser of the Pécs pride. Similar amendments were proposed in Latvia restricting minors participation in LGBTQIA+ events, through changes to the laws on protests, marches and pickets.
In Italy, despite significant civil society opposition the government adopted a Security Decree criminalising the actions of protesters while strengthening guarantees for the police. The Decree was adopted through an emergency measure bypassing parliamentary debate. Spain continued to use the “Gag Law” on citizen security leading to over €1 billion in fines against peaceful protesters, specifically targeting journalists and human rights defenders.
In many countries, climate and pro-Palestine protesters were specifically targeted often through the use of emergency measures.
These developments indicate a broader shift: rather than protecting protest as a fundamental right, it is instead being framed as an issue of public security. This deters participation, reduces activism and normalises restrictions on public objection.
Action needed by the EU and member states
The developments documented in the Liberties Rule of Law Report 2026 are not isolated incidents and are in many ways a litmus test for the wellbeing of European democracy. By branding objection as disorder and participation in civic life as a threat, governments destroy individual freedoms alongside the very mechanisms that act as a check on power. The next EU Rule of Law Report should not ignore the threats to peaceful protest or dismiss them as tangential to the rule of law. The challenges should be addressed through clear analysis and recommendations, accompanied where necessary with legal action - for example where laws restricting the right to protest are in violation of EU law. At the EU level the implementation of the new EU Civil Society Strategy could include elaboration of guidelines on the rights to freedom of association and assembly as recommended by Liberties during the consultation process. These would be clear steps to ensure that the right to peaceful protest, as a core tenet of civic space remains open.
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