(1)

In accordance with Article 2 of the Treaty on European Union, ‘the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 3 further specifies that the ‘Union’s aim is to promote peace, its values and the well-being of its people’ and, among others, ‘it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced’. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’).

(2)

Those rights and values must continue to be actively cultivated, protected, promoted, enforced and shared among the citizens and peoples and be at the heart of the EU project , given that deterioration in the protection of those rights and values in any Member State can have detrimental effects on the Union as a whole . Therefore, a new Justice, Rights and Values Fund, comprising the Citizens, Equality, Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and divisions and a shrinking space for independent civil society , it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice based on the rule of law, independence and impartiality of the judiciary, on mutual recognition and mutual trust, access to justice and cross-border cooperation. The Citizens, Equality, Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council (4) and the Europe for Citizens programme established by Council Regulation (EU) No 390/2014 (5), (hereafter ‘the predecessor Programmes’).

(3)

The Justice, Rights and Values Fund and its two underlying funding programmes will focus ▌ on persons and entities, which contribute to make our common values, rights , and equality and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain a rights-based, equal , open, pluralist , inclusive and democratic society. That includes a vibrant and empowered civil society, encouraging people's democratic, civic and social participation and cultivating the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union requires that the institutions of the Union maintain an open, transparent and regular dialogue with civil society and , by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.

(3a)

A regular, open and transparent dialogue with the beneficiaries of the Programme and other relevant stakeholders should be established by setting up a Civil Dialogue Group. The Civil Dialogue Group should be an open and informal forum for discussion and should contribute to the exchange of experiences and good practices and to the discussion of policy developments within the fields and objectives covered by the Programme and related fields. The Civil Dialogue Group should not have any responsibility regarding programme management.

(4)

The ▌Programme ▌should allow developing synergies to tackle the challenges that are common to the promotion and protection of Union values and to reach a critical dimension to have concrete results in the field. That should be achieved by building on and further developing the positive experience of the predecessor Programmes. This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and to increase their potential to reach persons and civil society, aiming at a balanced geographical distribution . To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made and targeted approaches.

(4a)

Full respect and promotion of the rule of law and democracy is fundamental to building citizens' trust in the Union and in ensuring mutual trust among Member States. By promoting rights and values, the Programme will contribute to the construction and of a more democratic Union, respect for the rule of law and democratic dialogue, transparency and good governance, including in cases of shrinking space for civil society.

(5)

In order to bring the European Union closer to its citizens and to foster democratic participation a variety of actions and coordinated efforts, are necessary. European Citizenship and European identity should be developed and advanced by encouraging citizens’ understanding of the policymaking process and by promoting civic engagement in the actions of the Union. Also, bringing together citizens in town-twinning projects or networks of towns and supporting civil society organisations at the local, regional, national and transnational level in the areas covered by the programme will contribute to increase citizens' engagement in society and ultimately their active involvement in the democratic life of the Union. At the same time supporting activities promoting mutual understanding, intercultural dialogue, cultural, and linguistic diversity, ▌ social inclusion and respect for others , foster a sense of belonging to the Union and a common citizenship under a European identity, based on a shared understanding of our common European values, culture, history and heritage. The promotion of a greater sense of belonging to the Union and of Union values is particularly important amongst citizens of the EU outermost regions due to their remoteness and distance from continental Europe.

(6)

Remembrance activities and critical reflection on Europe’s historical memory are necessary to make citizens , in particular young persons, aware of their common history and values , as the foundation for a common future▌ . Remembrance activities should reflect on the causes of totalitarian regimes in Europe's modern history — in particular Nazism, which led to the Holocaust; Fascism, Stalinism and totalitarian communist regimes — and commemorate the victims of their crimes. They should as well encompass activities concerning other defining moments and reference points in recent European history . The relevance of historical , social , cultural and intercultural aspects, should also be taken into account in order to create a European identity based on common values and a sense of belonging together.

(7)

Citizens should also be more aware of their rights deriving from citizenship of the Union and should feel at ease about living, travelling, studying, working and volunteering in another Member State, and should feel able to enjoy and exercise all their citizenship rights, place their trust in equal access, full enforceability and protection of their rights without any discrimination, no matter where in the Union they happen to be. Civil society needs to be supported for the promotion, safeguarding and raising awareness of ▌ Union values under Article 2 TEU and in contributing to the effective enjoyment of rights under Union law.

(8)

Gender equality ▌is a fundamental value and an objective of the European Union. Yet overall progress on gender equality has been stagnating. Discrimination against and unequal treatment of women and girls as well as various forms of violence against women and girls violates their fundamental rights and prevents their full political, social and economic participation in society. In addition, the existence of political, structural and cultural barriers hinders the achievement of real gender equality. The promotion of gender equality and gender mainstreaming, in all activities of the Union is therefore a core task for the Union and a driver for economic growth and social development, and should be supported by the programme. Actively tackling stereotypes and addressing silent and intersectional discrimination are of particular importance. Equal access to work, equal participation in labour market and the elimination of barriers to career progression in all sectors, for example the judiciary, STEM (Science, Technology, Engineering and Mathematics) related sectors, are pillars of gender equality. Focus should also be put on work-life balance and on equal sharing of unpaid household and care work for children, the elderly and other dependents, between men and women which remain pillars to the equal economic independence and participation and are intrinsically related to the achievement of equality between women and men .

(9)

Gender-based violence and violence against groups at risk ( children, young persons ▌ and other groups at risks such as LGBTQI and persons with disabilities) constitutes a serious violation of fundamental rights and persists throughout the Union, in all social and economic contexts, with serious repercussions on victims’ physical , mental and psychological health and on society as a whole. Women are the most significantly affected persons by gender-based violence and harassment in both the domestic and public sphere; therefore combating this violence is a key action in promoting gender equality. The Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention) defines violence against women as ‘all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life’. Combating gender-based violence requires a multi-dimensional approach, including addressing its legal, economic, educational, and health aspects. There is also a need to actively tackle gender stereotypes from an early age, as well as all forms of hate speech and online violence. In this context it remains essential to support women’s rights organisations and other actors working in this field. Children, young ▌ persons and other groups at risks such as LGBTQI and persons with disabilities also present an increased risk of being subject to violence, ▌ particularly in family and intimate relationships. Action should be taken to promote the rights of the ▌ persons at risk — in particular, the rights of children (including children orphans, children orphaned of domestic crimes and other particularly vulnerable groups of children) – and to contribute to ▌ their protection and ensure their rights to development ▌and dignity. Combating all forms of violence, in particular gender-based violence, promoting its prevention and protecting and supporting victims are priorities of the Union which help fulfil individuals’ fundamental rights and contribute to gender equality ▌. Those priorities should be supported by the Programme.

(10)

Strong political will and coordinated action based on the methods and results of the previous Daphne Programmes, the Rights, Equality and Citizenship Programme and the Justice Programme are necessary in order to prevent and combat all forms of violence and to protect victims. In particular, since its launch in 1997, the Daphne funding to support victims of violence and combat the violence against women, children and young persons has been a genuine success, both in terms of its popularity with stakeholders (public authorities, academic institutions and non-governmental organisations) and in terms of the effectiveness of the funded projects. It has funded projects to raise awareness, to provide support services to victims, to support the activities of civil society organisations ▌working on the ground. It has addressed all forms of violence, such as for instance domestic violence, sexual violence, trafficking in human beings, stalking and traditional harmful practices such as female genital mutilation, as well as new emerging forms of violence such as cyber-bullying and online harassment.

It is therefore important to continue all these actions with an independent budget allocation for Daphne and that those results and lessons learned are taken into due consideration in the implementation of the Programme.

(11)

Non-discrimination is a fundamental principle of the Union. Article 19 of the Treaty on the Functioning of the European Union provides for action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Non-discrimination is also enshrined in Article 21 of the Charter. The specific features of the diverse forms of discrimination , including direct, indirect and structural discrimination, should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds. The Programme should support actions to prevent and combat all forms of discrimination, racism, xenophobia, afrophobia, anti-semitism , anti-gypsism , anti-muslim hatred, and other forms of intolerance , including homophobia, biphobia, transphobia and interphobia and other forms of intolerance based on gender identity, both on-line and off-line, against persons belonging to minorities, taking into account the multiple discrimination . In that context, particular attention should also be devoted to preventing and combating all forms of violence, hatred, segregation and stigmatisation, as well as combating bullying, harassment and intolerant treatment. The Programme should be implemented in a mutually reinforcing manner with other Union activities that have the same objectives, in particular with those referred to in the Commission Communication of 5 April 2011 entitled ‘An EU Framework for National Roma Integration Strategies up to 202010 and in the Council Recommendation of 09 December 2013 on effective Roma integration measures in the Member States (6).

(12)

▌ Social and environmental barriers as well as lack of accessibility hinder the full and effective participation of persons ▌with disabilities in society, on an equal basis with others. ▌ Persons with disabilities ▌ face barriers to, among other things, access the labour market, benefit from an inclusive and quality education, avoid poverty and social exclusion, enjoy access to cultural initiatives and media, or use their political rights. As a party to the United Nations Convention on the Rights of Persons with Disabilities (the UNCRPD), the Union and all its Member States have committed to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities. The provisions of the UNCRPD have become an integral part of the Union legal order.

(13)

The right to respect for his or her private and family life, home and communications (right to privacy) is a fundamental right enshrined in Article 7 of the Charter of Fundamental Rights. The protection of personal data is a fundamental right enshrined in Article 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union. Compliance with the rules for the protection of personal data is subject to the control by independent supervisory authorities. The Union’s legal framework, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (7) and Directive (EU) 2016/680 of the European Parliament and of the Council (8) lay down provisions to ensure that the right to protection of personal data is effectively protected. These legal instruments entrust the national data protection supervisory authorities with the task of promoting public awareness and understanding of the risks, rules, safeguards and rights in relation to the processing of personal data. The Union should be able to conduct awareness-raising activities, including through support for civil society organisations advocating for the protection of personal data in line with Union standards, and carry out studies and other relevant activities given the importance of the right to the protection of personal data in times of rapid technological developments.

(14)

Article 24 TFEU obliges the European Parliament and the Council to adopt provisions for the procedures and conditions required for a citizen's initiative within the meaning of Article 11 of the Treaty on European Union. This has been done by adopting Regulation [(EU) No 211/2011 of the European Parliament and of the Council (9)]. The Programme should support the financing of technical and organisational support to implement Regulation [(EU) No 211/2011], thereby underpinning the exercise by citizens of the right to launch and support European citizens’ initiatives.

(15)

Pursuant to Articles 8 and 10 TFEU, the Programme in all its activities should support gender mainstreaming and the mainstreaming of non-discrimination objectives. The interim and the final evaluation of the programme should evaluate gender impacts to assess the extent to which the Programme is contributing to gender equality and to assess that the Programme is not having unintended negative impacts on gender equality. In this context and while taking into account the different nature and size of the activities of the different strands of the programme, it will be important that individual data collected by the project promoters are broken down by sex whenever possible. It is also important to provide information to applicants on how to take gender equality into account, including on the use of gender mainstreaming tools such as gender budgeting and gender impact assessments where necessary. Gender balance should be considered when consulting experts and stakeholders.

(16)

Article 3(3) TEU requires the Union to promote the protection of the rights of the child, in line with Article 24 of the Charter and the United Nations Convention on the Rights of the Child.

(17)

In accordance with Union acts on equal treatment, Member States set up independent bodies for the promotion of equal treatment, commonly known as ‘equality bodies’, in order to combat discrimination based on race and ethnic origin as well as gender. However, many Member States have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on ▌other grounds such as language, age, sex characteristics, gender identity and gender diversity , sexual orientation, religion and belief, disability ▌. Equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination, conducting independent surveys concerning discrimination, publishing independent reports and making recommendations on any issue relating to discrimination in their country. It is essential that the work of equality bodies is coordinated at Union level in this respect. EQUINET was created in 2007. Its members are the national bodies for the promotion of equal treatment as established by Council Directives 2000/43/EC (10) and 2004/113/EC (11), and by Directives 2006/54/EC (12) and 2010/41/EU (13) of the European Parliament and of the Council. On 22 June 2018 the Commission adopted its recommendation on standards for equality bodies, covering the mandate, independence, effectiveness and coordination and cooperation of equality bodies. EQUINET is in an exceptional situation, being the only entity which ensures coordination of activities between equality bodies. This coordination activity by EQUINET is key for the good implementation of Union anti-discrimination law in Member States and should be supported by the Programme.

(17a)

In order to increase user-friendly accessibility and provide impartial guidance and practical information in relation to all aspects of the Programme, contact points may be set up in Member States to provide assistance to both beneficiaries and applicants. Programme contact points should be able to carry out their functions independently, without interference in their decision making from public authorities. Member States should be able to choose the most appropriate management of programme contact points, including, among others, through public authorities, civil society organisations or consortia thereof. Programme contact points are not to have any responsibility regarding programme management.

(18)

Independent human rights bodies▌, civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union’s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 19 April 2018, an increase in funding and adequate financial support are key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of values and ▌rights, whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy such as strategic litigation, campaigning, communication and other watchdog activities, as well as to promote, safeguard and raise awareness of the Union’s ▌values at local, regional, national and transnational level. The programme should be implemented in a user friendly way, for example user-friendly application and reporting procedure. Particular attention should be paid to its accessibility to civil society organisations at transnational, national, regional and local level, including local grass root civil society organisations as well as to the capacity of beneficiaries. This should include consideration of the use of financial support to third parties, where appropriate.

(19)

The Commission should ensure overall consistency, complementarity and synergies with the work of Union bodies, offices and agencies, in particular the European Institute for Gender Equality and the European Union Agency for Fundamental Rights, and should take stock of the work of other national and international actors in the areas covered by the Programme.

(20)

The Programme should be open, subject to certain conditions, to the participation of European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA) and EFTA members which are not members of the EEA and other European countries. Acceding countries, candidate countries and potential candidate countries benefiting from a pre-accession strategy should also be able to participate in the Programme.

(21)

In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States’ actions, while consistency, complementarity and synergies ▌ should be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment and fight against social exclusion , especially the European Social Fund Plus internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade and sustainable development.

(22)

This Regulation lays down a financial envelope for the Citizens, Equality, Rights and Values programme which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate according to the new inter-institutional agreement: point 17 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial managementt (14)], for the European Parliament and the Council during the annual budgetary procedure.

(23)

Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees.

(24)

The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, the capacity of relevant stakeholders and targeted beneficiaries, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. ▌

(24a)

In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council  (15), Council Regulation (Euratom, EC) No 2988/95  (16), Council Regulation (Euratom, EC) No 2185/96  (17) and Council Regulation (EU) 2017/1939  (18) the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council  (19) . In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

(25)

In relation to the implementation of the specific objectives of promoting gender equality, rights, citizens’ engagement and participation in the democratic life of the Union at local, regional, national and transnational level and combating violence, third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.

(26)

Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective EU funding.

(26a)

The proposal for a regulation of the European Parliament and the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States aims to equip the Union to better protect its budget when weaknesses in the rule of law impair or threaten to impair sound financial management or the financial interests of the Union. It should complement the Rights and Values programme whose role is different, namely to fund policies in line with fundamental rights and European values that have at its core people's lives and participation.

(27)

Pursuant to [reference to be updated as appropriate according to a new decision on OCTs: Article 94 of Council Decision 2013/755/EU (20)], persons and entities established in overseas countries and territories (OCTs) are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. The constraints arising from the remoteness of OCTs must be taken into account when implementing the Programme, and their effective participation therein must be monitored and regularly evaluated.

(28)

Reflecting the importance of tackling climate change in line with the Union’s commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate action and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives over the MFF 2021-2027 period, and an annual target of 30 % as soon as possible and at the latest by 2027 . Relevant actions will be identified during the Programme’s preparation and implementation, and reassessed in the context of its mid-term evaluation.

(29)

Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.

(30)

In order to ▌ supplement this Regulation with a view to carrying out the Programme and ensuring effective assessment of its progress towards the achievement of its objectives , the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of work programmes pursuant to Article 13 and indicators as indicated in Articles 14 and 16 and Annex II. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts,

▌