Debate: Fundamental rights and the rule of law in Slovenia, in particular the delayed nomination of EPPO prosecutors
Date: WEDNESDAY, 24 NOVEMBER 2021
Speaker: Anže Logar
Language: EN

Now, coming to the today’s agenda topic, as we know, the rule of law is essential in guaranteeing that our common values are well protected and complied with, ultimately ensuring the very functioning of our Union. Let me therefore start by highlighting the importance that the Council attaches to this issue and how the Presidency is committed to bringing forward exchanges in a positive and constructive atmosphere on the rule of law and related issues, while observing the principle of objectivity, non—discrimination and equal treatment of all Member States. The General Affairs Council, in the framework of the annual rule of law dialogue, twice discussed the development in the area of the rule of law. The intention is to retain an atmosphere of trust where best practices can be exchanged and a preventive approach can be set into motion. The Commission’s 2021 Rule of Law report fed into this key exercise. Let me stress that the dialogue is of paramount importance since it allows Member States to reach a common understanding of rule of law principles and to address possible shortcomings before they become actual problems. Best practices, experiences and also critical remarks are exchanged. On 19 October, in a horizontal discussion on the rule of law in the EU as a whole, the Council covered the general trends in the Union, both positive and negative, with the aim of enabling the lessons learned and strengthening EU resilience, also in upholding the rule of law. The debate, inter alia, focused on the institutional checks and balances amidst the restrictive measures in the COVID—19 pandemic, with attention to the role and responsibilities of the respective branches of power.  Yesterday, the General Affairs Council held a country—specific discussion, which allowed to cover developments and particular aspects of natural rule of law frameworks in five Member States, namely Croatia, Cyprus, Italy, Latvia and Lithuania. Once again, the Council proved a committed forum where Member States can discuss various rule of law issues and learn from, and about, each other in an open, inclusive and constructive debate. Coming to the situation in Slovenia, we have read with great attention the relevant country chapter in the Commission’s 2021 Rule of Law Report. I quote some findings. ‘The Slovenian justice system has seen some positive developments, including on issues raised in the 2020 Rule of Law Report.’ ‘The legal and instrumental framework for preventing and fighting corruption continues to improve.’ ‘Parliament continued to function after quickly amending the Rules of Procedure to allow for online sessions.’ ‘The financial independence of certain independent bodies has been protected by a Constitutional Court judgment.’ ‘To discuss the rule of law, the President of the Republic convened the first ever meeting of all three branches of government.’ However, the report also acknowledged that there are concerns in regard to downward trends in certain areas. Appointments of state prosecutors are unjustifiably delayed and the pandemic exposed the need to accelerate improvements to electronic communication tools. The low number of convictions for corruption cases, especially for high—level instances, remain a serious concern. The area of media freedom and pluralism faced several challenges.  The report also raises concern by national and international stakeholders, following the refusal by the authorities to finalise the Slovenian press agency for 2021 and the failure to timely nominate European delegated prosecutors. In this regard, I would like to highlight that the Slovenian Government and the Slovenian press agency concluded an agreement concerning the provision of public service, thus guaranteeing financial resources to the agency.  Referring to the European Public Prosecutor’s Office (EPPO), I wish to draw your attention to the fact that the Council attaches the greatest importance to the smooth operation of this body. The Council has always supported the EPPO and actively worked towards the implementation of the EPPO Regulation. Concerning the appointment of European delegated prosecutors, I would like to remind you that the Council is not involved in the procedure. The appointment is a matter for the individual Member State. Nevertheless, I can inform you that Slovenian Government nominated two candidates for appointment last week, on 19 November 2021, and, as we were informed, the EPPO College has confirmed their appointment today.  To conclude, let me repeat that one of the priorities of the Slovenian Presidency is strengthening the rule of law, which is the joint responsibility of the EU institutions and the Member States. Respecting the rule of law is also vital to maintain citizens’ trust in public institutions and a prerequisite for mutual trust among Member States.