EU Commission unveils new measures to protect rule of law

Brussels has struggled to address concerns of democratic backsliding in some of its member countries.

The European Commission on Wednesday announced new measures aimed at protecting the rule of law in EU member states.

The package, whose central feature is an annual EU-wide rule-of-law review, is meant to reinforce existing mechanisms.

Brussels has struggled to address concerns of democratic backsliding in some of its member countries. The EU’s formal mechanism for tackling rule-of law problems, Article 7, was launched against Poland and Hungary, but has stalled in practice.

A Commission proposal to link EU funding to rule-of-law criteria, meanwhile, has run into legal hurdles and fierce political opposition from some member governments.

The new initiatives, coming toward the end of the Commission’s term, are designed to address these concerns while also placating those critics who say that some countries are being targeted more than others in EU rule-of-law probes.

First Vice President Frans Timmermans, who has spearheaded the Commission’s response to rule-of-law challenges, warned on Wednesday that the rule of law had “come under attack” in recent years and that the new measures would “strengthen” the EU’s hand in protecting democratic standards.

“The European Commission has been fighting hard to resist these attacks with the tools available to us, and will continue to do so,” he said, adding: “We have decided to further strengthen our toolbox, to promote, protect and enforce the rule of law.”

The Commission’s plan centers on a so-called Rule of Law Review Cycle, which will include a new annual report on the rule of law in all member states as well as a follow-up on this report with the European Parliament and the Council.

“This additional system will assist early detection of emerging rule of law problems wherever they appear,” the Commission wrote in a statement, adding that it “will deepen its monitoring of rule of law developments and invite all Member States to engage in a mutual exchange of information and dialogue, including through a network of national contact persons.”

It added: “The Commission will also further develop the EU Justice Scoreboard” — a tool to monitor the state of judicial systems across the bloc — “and strengthen the dialogue with other EU institutions, Member States, European political parties and stakeholders.”

As part of its package, the Commission said it would fund civil society initiatives and “adopt a strategic approach to infringement proceedings,” referring cases to the Court of Justice and requesting “interim measures and expedited procedures when needed.”