Debate: Commission’s  Rule of Law Report
Date: WEDNESDAY, 18 MAY 2022
Speaker: Terry Reintke
Country: Italy
Language: EN

I must admit, colleagues, that I do not believe that any more, and we do not have to look as far as Moscow to see attempts to undermine rule of law, democracy and fundamental rights, because the rule of law crisis is also happening within our Union – a Union built on values, not just economic cooperation, a Union built on a promise to all its citizens to safeguard their rights and freedoms.  But we are not helpless to these attacks on our values – quite the opposite. In the last years, with the clear leadership of this Parliament and many colleagues before me from different political groups and Member States, we have managed to expand the instruments for monitoring, for preventing and sanctioning attacks on the rule of law, democracy and fundamental rights.  One of those instruments is indeed the rule of law report of the European Commission, and the European Parliament welcomed the introduction of the rule of law report as a tool to firstly create a common basis, an overview of the situation of rule of law in the Member States.  We are happy about the commitment and the energy that a lot of people in the Commission have actually put into making it a reality, and before I come to the very much needed criticism, I would like to give some credit to those people in the Commission who have actually put effort into writing and preparing the reports.  But it is also clear that a lot still needs to be done to improve the impact of the rule of law report of the European Commission. First of all, so far the report has mostly been an exercise of description – no doubt an important part, but regarding the urgency of the situation also in the European Union, we need to go beyond that. We want the next report not only to include recommendations, but to suggest very concrete follow—up in cases of non—compliance including, for example, infringement procedures, the rule of law conditionality and Article 7 proceedings.  This would not only strengthen the report itself, but would also make the reasoning of the Commission behind how they are planning to defend the rule of law more transparent and comprehensible, not only to this Parliament, but also to the citizens in the European Union.  Secondly, regarding the scope, Parliament has always called for a more holistic approach in the assessment. The fact that an illegitimate constitutional tribunal is restricting the reproductive rights of women shows how closely the independence of the judiciary and fundamental rights are interlinked, and this should also be reflected in this report.  Thirdly, we want this report to be prepared in an inclusive and transparent way, because civil society organisations, academics and activists, are not ‘nice to have’ input givers, but an absolutely vital part to get full insight into what is happening on the ground. That is why we want NGOs to be able to give input, to make the process of writing and preparing this report more foreseeable – and yes, to create a panel of independent experts to give a much—needed outside view into the preparing of this report.  Lastly, let me say this, colleagues. I have learned that rights we have taken for granted can be taken away from us again. I went into politics not only to leave a habitable planet to future generations, but also to make sure that our daughters and granddaughters do not have less rights than we have, but actually more – to enjoy more freedom, equality and more diversity in their lives. The same is true for all of society.  I want this report to become a tool to make sure that our democracies thrive, that everyone can feel safe in their rights, and that we build a Union that shows crystal clear not only to the people in Europe, but the whole world, that even – and especially – in times of transformation, conflict and disruption, strong, viable democracies are the future, not authoritarian leaders invoking an imagined ‘better, cleaner’ past, to show clearly that commitment to the rule of law and not the law of the ruler wins the battle, not only in Ukraine, but all over Europe.