Brussels, 19/11/2015 (Agence Europe) - On Tuesday 17 November, the General Affairs Council held its first annual debate on the rule of law in the countries of the EU.
This debate on the rule of law, which was initiated in 2012 by 4 countries (Germany, Denmark, the Netherlands and Sweden) against the backdrop of controversy raised by various Hungarian laws on the media and judges, has since evolved into an exchange of views between the EU28 on the challenges they face and best practices to be identified, rather than into a committee to monitor the shortcomings in the authority of any given member state, as the European Commission initially envisaged (see EUROPE 11219).
Unsurprisingly, this debate was marked by questions surrounding the Paris terrorist attacks of 13 November. Several delegations stressed the need to find the right balance between safety for the citizens and respect for the freedom of expression, one source reported. The question of the integration of migrants, but also respect by the migrants of the values of the countries of the EU which are hosting them, were other challenges raised by certain delegations, such as the Netherlands and Germany. Berlin is reported to have criticised the fact that the member states are competing to “see who can treat the migrants worst”, this source continued, stressing that the refugees must also “respect the values” of the countries they are in. However, these countries stressed that the EU should remain open to all ethnicities and origins.
Other delegations, such as Hungary and the United Kingdom, raised questions about radical websites and control of these from abroad. The United Kingdom explained that internet providers were directly called upon to remove content rather than have recourse to specific legal proceedings, the source added.
Madrid singles out Catalonia. Spain, for its part, used the meeting to air a considerable challenge, namely the government of Catalonia which is in breach of the Spanish Constitution.
The forthcoming Dutch Presidency of the Council of the EU will hold the second debate, on 2 February 2016, with a third to come under the Slovakian Presidency of the second half of 2016.
In 2014, the Commission proposed developing a mechanism to monitor the respect of the rule of law, to identify any shortcomings in the member states and constitute an alternative to Article 7 of the Treaty, which may suspend the voting rights of a country at the Council in the event of a serious breach of the rule of law and European values (see EUROPE 11036). However, the Council decided instead to hold a more consensual annual debate, which should not serve to criticise any individual member of the EU. (Original version in French by Solenn Paulic)