Democracy, justice and the rule of law might have never been as crucial in the history of the European Union as they are right now. In the midst of the far-right rising not only in Member States, but also in the European Parliament, and the alarming tendencies fuelled by the influence of the far-right, such as Germany reintroducing temporary border controls, it has become more and more urgent for the European Union to take action. But will the example of Poland help the organisation turn the situation around or does it show that once the far-right gets some kind of hold on power, reversing it will be more difficult than anyone might have thought?
A democratic decline
By the second half of the 2015-2019 cycle, it has already become apparent that there are issues concerning the basic values of the European Union in some Member States. With Law and Justice (PiS) in power in Poland since 2015 and Fidesz in Hungary since 2010, there were clear signs of deterioration of democracy and the rule of law. So much so, that the Article 7 procedure was initiated for the first time by the European Commission against Poland in December 2017. Not even one whole year later, the European Parliament triggering the procedure against Hungary in September 2018. But – likely out of concern that Hungary and Poland would back each other up – Members States still have not taken the next step to vote on the subject. With the change of government in Poland in December 2023, Prime Minister Donald Tusk is now trying to restore democracy and the rule of law, which earned his country the closure of the Article 7 procedure only weeks after the Commission announced the intention to do so in May 2024. As for Hungary, the Commission is not eager to push the procedure forward as long as there is no consensus within the Council – which is currently not the case.
To be able to somehow monitor the four main indicators of democratic backsliding, namely the situation of the justice system, the anti-corruption framework, media pluralism and institutional issues related to checks and balances, the Rule of Law Report was introduced in 2020. This serves as the foundation of the process of the Annual Rule of Law Cycle designed as a preventive tool to safeguard the rule of law. It operates through an annual dialogue between Member States and the three main EU institutions – the Commission, the Parliament and the Council – together with civil society and other stakeholders. Since the First Report, the preparation of the annual one is also supported by national contact points, so representatives of the Member States.
In addition, the European Union decided to create the rule of law conditionality regulation in 2021 for the protection of the EU budget. This mechanism was triggered for the first time against Hungary in April 2022, and by the end of the year, the Council suspended €6.3 billion in budgetary commitments due to the only partial remedial action by the country. Linking EU funds to the rule of law might work out because of Members States’ desperate need for money, but at the same time, some might wonder: can we really just put a price tag on our basic values that easily?
A surprising choice
On the 17thof September 2024, Commission President Ursula von der Leyen proposed an expert in finance as Commissioner for Democracy, Justice and Rule of Law. Irish Michael McGrath was born in 1976 and started his career as a Chartered Accountant at KPMG in 1997. He worked as elected representative in Local Government, Passage West Town Council between 1999 and 2007, as well as Cork County Council between 2004 and 2007. In the meantime, he was also a Board Member of Léargas. He became a Financial Controller at RedFM in 2001, but after three years, he changed jobs and worked as Head of Management Information and Systems at the University of Cork until 2005. He served as Lead Opposition Spokesperson on Finance of Fianna Fail from 2011, until he was appointed Minister for Public Expenditure and Reform in 2020. He has been a Member of the Irish Parliament since 2007, and Minister for Finance since 2022.
Considering McGrath’s vast financial background, the Irish government sought a corresponding portfolio for their candidate. However, Prime Minister Simon Harris welcomed the news of the different position, and McGrath himself admitted how significant the role would be. After all, democracy, justice and especially the rule of law have become values that need actual protection and reinforcement lately. McGrath is said to be very clever and unwilling to play games – just the attributes a Commissioner would need to tackle issues related to these fields. Unless unexpectedly vetoed by the European Parliament, he is expected to make the most of the situation.
A defining period
Ursula von der Leyen’s mission letter to Michael McGrath reveals that he will work under the guidance of the newly appointed Executive Vice-President for Tech Sovereignty, Security and Democracy. In his respective field, he will work on a new European Democracy Shield to fight foreign influence and a Civil Society Platform to support civil society. He will be responsible for the Consumer Agenda 2025-2030, the development of a Digital Fairness Act, the strengthening of the European Arrest Warrant and – the more and more probable revision of – the General Data Protection Regulation (GDPR) too. Evidently, he will deal with everything related to the rule of law, such as the above mentioned annual Rule of Law Report and the enforcement of the Article 7 procedure. Furthermore, he will monitor the application of the Charter of Fundamental Rights and conclude the European Union’s accession to the European Convention of Human Rights.
With the share of the far-right as high as never before within Member States and the European Parliament, McGrath will need all his cleverness to help the European Union support Poland to reconstruct democracy, teach Hungary to respect EU values again, and show Member States how important the rule of law really is. As of now, McGrath will have to keep the European Union on the right track – and not, under any circumstances, let Member States and the organisation wander further down the road. Pun intended.