Debate: The Commission’s  rule of law report
Date: WEDNESDAY, 23 JUNE 2021
Speaker: Didier Reynders
Language: FR

Permettez-moi de commencer par remercier le rapporteur, M. Ruiz Devesa, pour son engagement dans la défense de l’état de droit, pour ce rapport si complet et pour les contacts constructifs que nous avons eus à cet égard. La Commission partage les objectifs du Parlement en ce qui concerne la promotion et la protection de l’état de droit dans l’Union. L’état de droit, en tant que valeur fondamentale de l’Union, est essentiel pour le fonctionnement de celle-ci et pour le maintien et le développement d’un espace de liberté, de sécurité et de justice, ainsi que pour garantir la confiance mutuelle au sein de l’Union. Nous ne pouvons pas tolérer le non-respect de l’état de droit et la Commission s’engage dans la défense de cet état de droit, notamment à travers l’utilisation des différents outils à sa disposition. As I said, a new tool has been added to this toolbox last year with the annual rule of law report. This report is conceived as a yearly process during which we aim to prevent problems from emerging or deepening. It also allows Member States to learn from each other through an exchange of best practices. The annual report does not replace, but further complements other instruments of our rule of law toolbox, such as infringement proceedings or Article 7 proceedings, which will continue to be used to provide responses to challenges to the rule of law, where necessary.  As you know, yesterday the General Affairs Council held Article 7 hearings about the situation of the rule of law in Poland and Hungary respectively. We welcome the fact that these hearings took place and remain at the disposal of the Council and the Parliament in the context of these proceedings.  The Commission does not hesitate to have recourse to infringement proceedings to protect European values. For instance in October last year we launched infringements against Malta and Cyprus about the so-called ‘golden passport’. Recently, a reasoned opinion was sent to Cyprus and an additional letter of formal notice to Malta as part of these proceedings. Let me also refer to the letter I sent on 9 June to the Polish Minister of Foreign Affairs regarding the motion that the Prime Minister submitted to the Polish Constitutional Tribunal. This motion contests fundamental principles of EU law, in particular that EU law has primacy over national law and that all judgments of the European Court of Justice are binding on all national courts. The Polish authorities have one month to reply.  Finally, I’m sure you will have noticed the strong statement of President von der Leyen this morning regarding the new Hungarian bill that discriminates against people based on their sexual orientation. Today, together with my colleague Thierry Breton, I sent a letter to the Hungarian Minister of Justice underlining the Commission’s legal concerns about this bill as regards fundamental rights and EU law. The Hungarian authorities have until the end of this month to reply, and the Commission will not hesitate to take action if their reaction is not satisfactory.  Let me now turn back to the report itself. The first report published in September last year provides a synthesis of significant rule of law developments in the European Union, as well as country-specific assessments for all the 27 Member States. It is based on a variety of sources, including written inputs from the Member States, from civil society, and reports from international organisations with special attention to the Council of Europe bodies. We looked at four key areas: the independence, quality and efficiency of justice systems; the anti-corruption framework; media pluralism and media freedom; and other institutional checks and balances.  Through this first report, including its 27 country chapters, the aim of the Commission was to set out key elements of the situation in the Member States on which a new cycle and future reports will be able to build. The report presents an assessment of developments across the EU, both positive and negative, drawing attention to emerging or deepening challenges and highlighting good practices. I take note that Parliament has welcomed in particular the fact that the report contains country-specific chapters. Ultimately the report does not formally contain country-specific recommendations, which I’m aware is one of the points raised in the draft report we are discussing today. It contains clear assessments establishing a robust basis for the Commission to pursue its analysis in the coming editions.  I also take note of Parliament’s calls on the Commission to assess in successive reports how the challenges identified have evolved. Let me therefore say a few words on the follow-up we have conducted on the first report.  As I stressed when presenting the first report to your Parliament last year, our aim was to kick-start an inclusive debate both at European and at national level, and I’m pleased to say that such debates have indeed started. Just after the publication the then German Presidency launched a rule of law dialogue in the Council based on our report. The General Affairs Council held a further discussion on general trends in October last year and then a country-specific discussion on the situation of the rule of law in the Member States in November. A first series of five Member States was discussed following the Council alphabetical protocol order. The Portuguese Presidency continued this approach with a second country-specific discussion which took place in April this year where the situation inside all the Member States was addressed.  The Commission also had the opportunity to pursue the debate before national parliaments, which play a key role in upholding the rule of law. Since the publication of the report, I had the opportunity to present the methodology and the country-specific findings of the first report before 20 national parliaments, most of them virtually. I intend to relaunch the exchanges on the second report, hopefully with more physical exchanges of views. It is our intention to continue this approach of close dialogue. The Commission has also conducted bilateral follow-up with Member States on the findings of the 2020 report. This happened at both political and service level and I am happy to underline that several Member States indeed took initiatives to follow up.  As you are aware, the Commission is currently preparing its second annual rule of law report set to be adopted in July. This year’s report will follow up on the issues identified in the first report and also develop on the impact and challenges brought by the COVID-19 pandemic, as well as other new developments, if any. To prepare this new edition of the report we conducted once again virtual country visits in all the Member States during which we had over 400 meetings with national authorities, independent bodies and stakeholders. We have also collected written input from a large range of stakeholders, including civil society. Through a targeted stakeholder consultation we received over 200 written contributions referring to developments both in specific Member States and at EU level. This exercise allowed us to obtain comprehensive information about the developments that occurred over the past year. This is crucial for deepening our country-specific knowledge. The Commission remains committed to further deepen this country-specific expertise, and I take due note that it is also an explicit request of Parliament. Deepening our country—specific assessment is indeed a crucial step for being able to support Member States in better identifying and addressing challenges and seeing real impact on the ground.  Promoting and upholding the rule of law is a common responsibility. All EU institutions, Member State legislative, executive and judicial authorities, as well as civil society, do have a role to play. Looking ahead, it is essential that the European institutions continue to work together to uphold the rule of law. The rule of law report is an important tool in this respect. We need to continue to discuss the developments on the ground. This has the potential to improve the rule of law situation and confirmed by all experience with the first report. The Commission looks forward to deepening its dialogue with the European Parliament in this regard and I’m looking forward to discussing with your Parliament, if it’s possible, the 27 chapters of the forthcoming 2021 report. I made the proposal last year to engage not only in a general debate, but maybe a debate on all the country chapters. If it’s possible for the next report, the report 2021, it will be a pleasure to come to discuss with you. In that respect we also follow with interest the work of the democracy, rule of law and fundamental rights monitoring group that was set up by the Committee on Civil Liberties, Justice and Home Affairs (LIBE). The Commission will carefully reflect on the recommendation of the Parliament with a view to further improving its annual rule of law report.  Of course I welcome your valuable input and look forward to your remarks and suggestions maybe for the next report next July, maybe also for the next report in the next year, because it’s becoming now a cycle with the real intention to install a culture of the rule of law in the entire European Union, not only with a debate with you, but also with debate at the national level.