Debate: United States sanctions and the Rule of law
Date: THURSDAY, 16 SEPTEMBER 2021
Speaker: Juan Fernando López Aguilar
Country: Germany
Language: EN

Background in summary: on 2 June 2021, the US Administration announced that its Department of Treasury had sanctioned three individuals and their networks in Bulgaria, three Bulgarian citizens, on the grounds of engaging in corruption. Of course it is a fact that corruption poses a serious risk and challenge to the whole rule of law framework that we have set forth, to economic growth, to the credibility of democratic institutions and human rights for one thing.  These sanctions stem from the Global Magnitsky Human Rights Accountability Act, which is in force in the United States, adopted by the US Congress, bearing the name, as you are aware, of Sergei Magnitsky, a tax expert who came up with the exposure of a network of corruption and gross and massive violation of human rights in Russia. Allegedly arrested on unlawful grounds, in an infamous prison facility, beaten to death in a year.  That means that ever since Sergei Magnitsky was reported dead in 2009, the United States decided to come up with this new US legislation bearing the name of Sergei Magnitsky, the Global Magnitsky Human Rights Accountability Act, in order to impose sanctions for corruption and gross or massive violation of human rights everywhere, wherever in the world, and it happens that this time it is making an impact on EU citizens, EU individuals, citizens of Bulgaria, and thus citizens of the European Union.  Also on the same date, another three former public officials, Bulgarian public officials, were designated – that is the term – by the US Department of State according to Executive Order 13818 of the United States, which entails that they cannot enter the United States. Of course all of the assets are to be frozen and a number of sanctions entailed with these measures. That is why the Committee on Civil Liberties, Justice and Home Affairs (LIBE), and in particular the Monitoring Group on Democracy, Rule of Law and Fundamental Rights, raised concerns over the consequences of such a US sanctions scheme on the EU approach in the fields of democracy, rule of law, fundamental rights and the fight against corruption which is, yes, a higher priority for all of us.  As a follow-up an oral question has been addressed by the LIBE Committee to the Commission and that is why we are here, to bring explanations to the following concerns. First, how does the Commission view the fact that a third country, namely the United States, considered an ally of the European Union for sure, acts on corruption in the EU and its Member States? Second, how does this change the assessment by the Commission of its current approach and in particular of an evaluation of its own actions so far in this matter in the fight against corruption? Third, what actions are planned by the Commission or what does the Commission envisage for a robust approach against corruption at state level? Will the Commission be more proactive in acting on corruption and threats to the rule of law across the Member States?  Let’s remember that we have put in place nothing less than the rule of law conditionality and the recovery of funds linked to full compliance, of course the values of Article 2, rule of law, democracy and fundamental rights, but also the fight against corruption, in written debates on resolutions adopted and LIBE concerns have been raised concerning the fact that the Commission no longer publishes this so-called corruption report. I can remind you that your predecessor, Cecilia Malmström, being Home Commissioner, set in motion a mapping of corruption across the European Union and its Member States. Yes, that was an achievement, but no continuation, there has not been a follow-up, so our question also touches upon whether the Commission would reinforce the corruption monitoring and drawing conclusions and including recommendations in several rule of law reports against corruption?  Finally, the role of the European Public Prosecutor’s Office, EPPO – finally in place, finally there, acting against fraud, corruption, misappropriation, these kinds of cross-border serious crimes, combating corruption – it’s also important that this is further clarified given the need for a coherent EU approach in all in this context. Would the Commission envisage developing also a common anti-corruption strategy in the EU? Are you, Commissioner, developing that strategy? Are you catching up? I look forward to hearing the Commission’s feedback on these issues, important not only for the fight against corruption in itself, but also for upholding Union values within the EU, on which we dwell in every plenary of this European Parliament.