Rule of Law: The Commission opens a debate to strengthen the rule of law in the EU

Timmermans 2019

Frans Timmermans, First Vice-President of the EC in charge of Better Regulation, Inter-Institutional Relations, the Rule of Law and the Charter of Fundamental Rights, will hold a press conference on further strengthening the rule of law in the EU. European Union, 2019 Photographer: Lukasz Kobus Source: EC – Audiovisual Service

This article is brought to you in association with the European Commission.


The European Commission is launching a reflection process on the rule of law in the European Union and setting out possible avenues for future action.

The Communication presented today takes stock of the available tools to monitor, assess, and protect the rule of law in the Union. It also looks back at the experience of the past years so that we can start a wider European debate on how the rule of law could be further strengthened. The past experience, in particular, points to the need for better promotion of the rule of law, early prevention of risks or breaches to the rule of law, and effective response when such issues occur in the Union.

First Vice-President Frans Timmermans said: “The Union’s capacity to uphold the rule of law is essential, now more than ever. First because it is an issue of fundamental values, a matter of ‘who we are’. Second, because the functioning of the EU as a whole depends on the rule of law in all member states. Now is the time to reflect together with all institutions, Member States, different authorities and stakeholders on how to defend and bolster the rule of law in the Union.”

In the last years, the rule of law in Europe has come under increased pressure. Common and concrete concerns were raised in debates within the Union, at international level and by civil society. It has become clear that more needs to be done to ensure that the rule of law is defended, strengthened and upheld throughout the Union. Building on the ongoing debates and past experience today’s Communication aims to start this process by setting out possible avenues for reflection on future action.

Possible avenues for the future

It is a common responsibility of EU institutions and all Member States to defend, strengthen, and uphold the rule of law in the Union. The Commission has already used a wide range of tools to carefully monitor, assess and respond to rule of law concerns in Member States, including the Rule of law Framework, Article 7(1) TEU procedure, infringement procedures, as well as the European Semester, the EU Justice Scoreboard or the Cooperation and Verification Mechanism (CVM). Building on the experience gathered so far through all the instruments, the Commission outlines today three pillars which could contribute to further the effective enforcement of the rule of law in the Union:

·    Better Promotion: rule of law standards and jurisprudence are not always sufficiently known at national level. To address this, increased efforts should be geared towards better promoting knowledge of the rule of law standards and case law at national level. This could be achieved, for instance, through communication activities for the public, common EU approaches that help promote a stronger rule of law culture across institutions and professions, continued engagement with the Council of Europe, and participation of civil society at the regional and local levels.

·    Early prevention: While the prime responsibility to ensure respect for the rule of law at national level lies with the Member States, the EU can offer important support to build resilience of key systems and institutions. Regular cooperation and dialogue could contribute to a deeper understanding of the rule of law situation and developments in Member States and could contribute to the early resolution of any rule of law issues.

·    Tailored response: A diversity of rule of law challenges requires a diversity of effective responses. The Commission will continue to ensure the correct application of the EU law via infringement procedures. Different approaches may also be appropriate in specific policy areas such as the Commission’s proposal on the protection of EU’s financial interest. In addition, some refinement to the existing Rule of Law Framework could be explored, including early information to and support from the European Parliament and the Council, as well as clear timelines for the duration of dialogues.

Next Steps

The Commission now invites the European Parliament, the European Council and the Council, and the Member States as well as relevant stakeholders, including judicial networks and civil society, to reflect on the issues presented in today’s Communication and contribute with concrete ideas on how the rule of law toolbox could be enhanced in the future.

Building on this reflection process and the ongoing debate, the Commission will return to this issue with its own conclusions and proposals in June 2019.

Background

The rule of law is one of the common values upon which the European Union is founded and embraced by all Member States. It is enshrined as such in Article 2 of the Treaty on European Union. It is also essential for the functioning of the EU as a whole, for example with regard to the Internal Market, cooperation in the area of Justice and Home Affairs, and ensuring that national judges who are also ‘EU judges’ can fulfil their role in ensuring the application of EU law and can properly interact with the Court of Justice of the EU in the context of preliminary ruling procedures. The European Commission, together with other institutions and the Member States, is responsible under the Treaties, for guaranteeing the rule of law as a fundamental value of our Union and making sure that EU law, values and principles are respected.

The Commission has a wide range of tools to carefully monitor, assess, and respond to the rule of law issues in Member States, among others infringement procedures, the European Semester, the EU Justice Scoreboard or the Cooperation and Verification Mechanism (CVM). On 11 March 2014, the European Commission adopted a new Framework for addressing systemic threats to the Rule of Law in any of the EU’s Member States. The Framework establishes a tool allowing the Commission to enter into a staged dialogue with the Member State concerned to prevent the escalation of systemic threats to the rule of law. The most emblematic, yet exceptional, tool for defending the Rule of Law is the procedure of Article 7 TEU, which allows the EU to act in case of a serious breach of rule of law in a Member State. The Article 7 TEU procedure was triggered in two cases so far: in December 2017 in case of Poland (by the Commission) and in September 2018 in the case of Hungary (by the European Parliament).

Today the Commission has also launched an infringement procedure by sending a Letter of Formal Notice to Poland regarding the new disciplinary regime for judges (full press release here).


Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe to get the latest posts sent to your email.

Interesting reads

© UNICEF/Oleksii Fili Children's toys are covered in snow outside a residential building in Kyiv during prolonged winter power and heating outages.

World News in Brief: Syria ceasefire welcomed, ‘Olympic truce’, Ukraine’s freezing children

This article is published in association with United Nations. The UN Commission of Inquiry on Syria has welcomed a ceasefire agreement between the Syrian Government and the mainly-Kurdish Syrian Democratic Forces (SDF), urging all parties to seize the moment to protect civilians and prevent further violations in the country’s northeast.  “We welcome efforts to bring stability […]

This article was exclusively written for The European Sting by Mr. Frank Shao is a Tanzanian medical student. He is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect IFMSA’s view on the topic, nor The European Sting’s one.

Access to Healthcare: is it too much to ask?

This article was exclusively written for The European Sting by Mr. Khalil Al Bilani is a 5th-year medical student at Saint George’s University of Beirut. He is affiliated with the International Federation of Medical Students Associations (IFMSA), cordial partner of The Sting. The opinions expressed in this piece belong strictly to the writer and do not necessarily reflect […]

UN Photo/Manuel Elías Ramiz Alakbarov (on screen), Deputy Special Coordinator for the Middle East Peace Process, briefs the Security Council meeting on the situation in the Middle East.

Potential turning point for Gaza as peace plan enters second phase: UN envoy

This article is published in association with United Nations. The start of a second phase of a stabilisation plan for Gaza offers a potential turning point for the war-ravaged enclave, a senior UN official told the Security Council on Wednesday. Ramiz Alakbarov warned that risks of violence escalating again remain high, while the situation in the […]

This article is published in association with United Nations.

Gaza ceasefire improves aid access, but children still face deadly conditions

The fragile ceasefire in the Gaza Strip is making a difference to the lives of over a million children, and improving overall access to food – but more aid still needs to enter.  That’s the assessment of two senior officials from the UN Children’s Fund (UNICEF) and the World Food Programme (WFP), speaking on Monday to journalists in New York following a […]

A new blow for UNRWA as headquarters in East Jerusalem ‘set on fire’

© UNRWA Destruction at UNRWA headquarters in East Jerusalem after Israeli authorities sent in bulldozers on 20 January. This article is published in association with United Nations. The head of embattled UN relief agency for Palestinians, UNRWA, has condemned reports that its headquarters in East Jerusalem have been set alight deliberately. It comes after Israeli authorities […]

© UNHCR/Yevheniia Kozun This cinema in Saltivka, Kharkiv, was hit during an earlier strike (file Jan 2026).

‘Cycle of attacks must end’: Lead UN official in Ukraine

This article is published in association with United Nations. The senior UN official in Ukraine, Matthias Schmale, has issued a condemnation of the massive overnight Russian drone and missile strike on several major Ukrainian cities, killing and injuring civilians, and knocking out energy infrastructure amid sub-zero temperatures. The attacks on some of Ukraine’s most important population […]

WHO/P. Virot The flag of the UN World Health Organization (WHO) flies at its headquarters in Geneva, Switzerland.

US withdrawal from WHO ‘risks global safety’, agency says in detailed rebuttal

This article is published in association with United Nations. The World Health Organization (WHO) has issued a detailed statement regretting the United States decision to leave the UN agency, and declaring that it will leave both the US and the world less safe as a result. The statement, released on Saturday, also includes a rebuttal of […]

© UNOCHA/Ximena Borrazas Kateryna and her two children warm up at a heating point and use rhe available electricity to charge their devices.

Keeping people warm amid hostilities and harsh winter weather in Ukraine

This article is published in association with United Nations. As people in war-torn Ukraine face the coldest winter in more than a decade, authorities and humanitarians are working to help them stay warm, particularly the most vulnerable residents.  Russian forces continue to attack Ukraine’s energy grid, leaving families without electricity and heating as temperatures plummet to -20° Celsius.  Since 2022, the Government has established so-called “Invincibility Points” – located in tents or public […]

UN News A UN emergency shelter set up amid the ruins of Gaza.

Gaza: War crimes probe pledges to continue work for justice and accountability

This article is published in association with United Nations. As President Trump launched the international Board of Peace plan for Gaza on Thursday, top independent rights experts tasked by the UN Human Rights Council with investigating grave abuses linked to the Hamas-Israel war pledged to continue their work seeking justice and accountability for all. “The Board […]

© WFP/Maxime Le Lijour Children wait for a hot meal at a kitchen in Khan Younis, Gaza, supported by the World Food Programme.

Cold kills another infant in Gaza as West Bank displacement intensifies

This article is published in association with United Nations. Another child in the Gaza Strip has died from hypothermia as winter weather continues to whip the enclave, the UN said on Wednesday, citing information from the health authorities.  The baby girl – just three months old – was found frozen to death on Tuesday morning at her home in […]

Critical medicines: EU measures to boost competitiveness and tackle shortages 

Critical medicines: EU measures to boost competitiveness and tackle shortages 

This article is brought to you in association with the European Parliament. On Tuesday, Parliament adopted proposals to enhance the availability and supply of essential medicines in the EU. The report, adopted with 503 votes in favour, 57 against and 108 abstentions, aims to ensure a high level of public health protection for EU citizens by […]

Europe Was Warned: Why the Next Pandemic Could Be  Worse 

This article was exclusively written for The European Sting by one of our passionate readers, Dr Taimoor Ahmed Shumail , MD | Dr Ahmed Bilal , MD , Vice  President Global Health and Diplomacy Wing – Pakistan International Medical Students  Association. The opinions expressed within reflect only the writer’s views and not necessarily The European Sting’s position […]

UN News Many Palestinian families are living in poorly equipped shelters that are highly vulnerable to flooding, leaving people inevitably exposed to harsh, stormy weather..

Gaza humanitarian crisis ‘far from being over,’ UN aid coordination office warns

This article is published in association with United Nations. Three months into the ceasefire in the Gaza Strip, the UN and partners have delivered tonnes of assistance items and carried out critical repairs, but this is only a temporary “Band-Aid” solution, a veteran aid worker has warned. “The humanitarian situation and crisis in Gaza is far […]

This article is published in association with European Investment Bank.

Will AI kickstart a new age of nuclear power?

This article is published in association with United Nations. The rapidly expanding use of artificial intelligence worldwide is putting electrical grids under huge pressure and many believe that, to meet that need without contributing to the climate crisis, a full-scale expansion of nuclear energy is essential. The global demand for electricity is growing at a vertiginous […]

UN Photo/Loey Felipe Martha Ama Akyaa Pobee, Assistant Secretary-General for Political Affairs briefs the Security Council meeting on the situation in Iran.

Iran: UN urges ‘maximum restraint’ to avert more death, wider escalation

This article is published in association with United Nations. As nationwide protests in Iran appear to ease after nearly three weeks of unrest and bloodshed, a senior UN official called on Thursday for action to prevent further escalation.  Assistant Secretary-General Martha Pobee briefed an emergency meeting of the Security Council in New York called by the […]

UNRWA UNRWA Headquarters in East Jerusalem

East Jerusalem: Forced shutdown of UN clinic signals escalating disregard for international law

This article is published in association with United Nations. The temporary closure of a UN-run health centre in East Jerusalem is the latest phase in “a pattern of deliberate disregard” for international law, the head of the UN agency that assists Palestine refugees, UNRWA, said on Wednesday.  Israeli forces stormed the UNRWA-operated health centre on Monday and ordered it […]

Unsplash

Iran: ‘The killing of peaceful demonstrators must stop,’ UN rights chief says

This article is published in association with United Nations.  As anti-government demonstrations continue across Iran, the UN human rights chief said on Tuesday that he was horrified at the mounting violence directed by security forces against protestors, with reports of hundreds killed and thousands arrested.  Volker Türk urged the authorities to immediately halt all forms of violence and repression against peaceful […]

© UNHCR/Yevheniia Kozun The bombing of residential buildings in Saltivka, Kharkiv, has left many Ukrainians without power.

Ukraine: Deadly Russian strikes push civilians deeper into winter crisis

This article is published in association with United Nations. Ukraine has entered the new year under intensifying and deadly Russian attacks which have crippled energy systems and left millions without heating, electricity or water amid freezing temperatures, senior UN officials told the Security Council on Monday. Under-Secretary-General for Political Affairs Rosemary DiCarlo told ambassadors the start […]

UN Photo/Eskinder Debebe UN Secretary-General António Guterres. (file photo)

UN chief ‘shocked’ by reports of excessive force against protesters in Iran

This article is published in association with United Nations. The UN Secretary-General is shocked by reports of violence and excessive use of force by Iranian authorities against protesters across the country, urging restraint and the immediate restoration of communications as unrest enters its third week. “All Iranians must be able to express their grievances peacefully and […]

Why don't you drop your comment here?

Go back up

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading

Discover more from The European Sting - Critical News & Insights on European Politics, Economy, Foreign Affairs, Business & Technology - europeansting.com

Subscribe now to keep reading and get access to the full archive.

Continue reading