(October 28, 2024 – EPC, Brussels)
Speakers:
- Barbara Grabowska-Moroz – Director of the Rule of Law Clinic at the CEU Democracy Institute
- Didier Reynders – Commissioner for Justice
- Dimitry Kochenov – Founder, CEU Democracy Institute Rule of Law Clinic, Professor of Legal Studies, CEU Vienna
- Laurent Pech – Professor of Law and Dean of UCD Law School & Clinical Co-Director and Senior Research Fellow at the CEU Democracy Institute
- Michał Wawrykiewicz – Member of the European Parliament
- Petra Bárd – Research Affiliate, CEU Democracy Institute
- Tineke Strik – Member of the European Parliament
Moderators:
- Joelle Grogan – Academic Co-Director of the Rule of Law Clinic & Senior Research Fellow, CEU Democracy Institute
- Johannes Greubel – Head of Programme & Connecting Europe Lead, European Policy Centre
The conference organized by the Rule of Law Clinic of the Democracy Institute at the Central European University aimed to present the Shadow Rule of Law Report. This report examines the adherence to the rule of law by European Union institutions, aiming at filling the gap left by the annual report of the European Commission, which only evaluates Member States without scrutinizing the EU’s practices.
Several challenges to the rule of law in Europe
In the first part of the event, Laurent Pech and Barbara Grabowska-Moroz emphasized that the EU does not consistently apply the standards it imposes on its Member States. The lack of regular and independent self-assessment of its own institutions exposes the EU to accusations of “double standards”. According to them, this situation weakens the EU’s legitimacy when it demands Member States to uphold the rule of law principles. Barbara Grabowska-Moroz explained that the absence of self-assessment chapters in the Commission’s reports creates a gap: institutions like the European Commission and the Council of the EU directly influence Member State policy but are not held to the same accountability standards. An evaluation of their actions would prevent the EU from being perceived as hypocritical, thus strengthening the credibility of its recommendations.
Tineke Strik, Member of the European Parliament, highlighted inconsistencies in the EU’s application of rule of law standards, particularly in migration management. She criticized the EU’s partnerships with countries like Libya, where human rights are widely disregarded. She also noted that migrant pushbacks occur at European borders, in violation of international law, and that the European Commission responds inadequately to these violations. By collaborating with authoritarian regimes to manage migratory flows, the EU sacrifices its human rights and rule of law values for political considerations. According to Strik, this inconsistency undermines the EU and makes it less influential when it seeks to defend these values. The Frontex agency was cited by Dimitry Kochenov as an example of the lack of oversight of European agencies. Frontex has been criticized for its involvement in returning migrants to countries where they face risks of mistreatment, without adequate judicial oversight. Kochenov and other speakers emphasized that this lack of judicial control over Frontex and other agencies could lead to abuses, particularly concerning human rights. They recommended increased transparency and accountability of these agencies to ensure that their actions align with EU values.
Petra Bárd and Dimitry Kochenov expressed concern over the increasing pressures on NGOs and independent media in some Member States, such as Hungary and Poland. These organizations are essential for monitoring abuses of power and defending citizens’ rights, but they face restrictive laws and defamation campaigns. Petra Bárd particularly stressed the need to strengthen EU protections for threatened NGOs and to guarantee them more direct access to European funding. The speakers believe the EU must provide more direct financial and legal support to civil society organizations to enable them to withstand national pressures. Without this support, civil society risks losing its ability to act as a counterbalance, especially in countries where democracy is in decline.
Outgoing Justice Commissioner Didier Reynders spoke via video message, reflecting on the Commission’s achievements in the area of the rule of law. He noted that the annual Rule of Law Report has become an essential tool for monitoring the situation in Member States. However, he also acknowledged that the Commission does not include self-assessment of its own institutions, citing credibility concerns in a possible self-evaluation. Reynders provided several concrete examples to illustrate the report’s successes, such as Spain’s agreement to reform the General Council of the Judiciary after years of deadlock, and the suspension of European funds for Hungary due to corruption and governance issues.
Recommendations from the speakers to strengthen the rule of law within the EU
Dimitry Kochenov and Laurent Pech proposed creating a self-evaluation mechanism for EU institutions. This would allow regular monitoring to ensure they respect the principles of the rule of law themselves. They recommend involving independent experts in this process and suggest giving the EU Fundamental Rights Agency a more significant role in conducting these evaluations. This self-evaluation would bolster the EU’s credibility by demonstrating its commitment to applying the same standards it demands of Member States, which would provide it with stronger moral or political standing.
Michał Wawrykiewicz recommended that the European Commission make more systematic use of “interim measures” in cases of severe violations, such as judicial reforms in Poland. By implementing swift injunctions, the Commission could mitigate the negative effects of rule of law violations before a final decision is made. These interim measures would strengthen the EU’s capacity to act promptly and visibly in the face of serious violations, thus protecting citizens’ rights while cases are under review.
Petra Bárd and Tineke Strik advocated for increased EU support for NGOs and independent media. They proposed creating a “democratic shield” that would provide direct financial support to NGOs, reducing their reliance on national governments and protecting them from political reprisals. They also suggested establishing an emergency platform for democracy, enabling threatened NGOs to receive rapid assistance in cases of political pressure. This would ensure that civil society can continue to defend European values, even in hostile environments.
Finally, the speakers recommended that the EU adopt a more coherent approach to its international partnerships. Tineke Strik specifically criticized migration agreements with countries like Libya and Turkey, where migrant rights are not respected. For her, and as said before, these agreements, without strict human rights conditions, send a contradictory message and weaken the EU’s credibility. Strik and other speakers proposed reassessing these agreements and including precise human rights requirements for partner countries. The EU must ensure that states with which it collaborates respect the fundamental rights of individuals, so that its external actions align with the values it upholds.
See here for a video recording of the event:
https://epc.eu/en/events/The-Rule-of-Law-beyond-the-EU-Member-States~5e0844