Does the European Union have the means to guarantee the rule of law? This question - the main theme of a debate that brought together various European players at the European Policy Centre in Brussels on Wednesday 22 January - gave rise to a mixed assessment of the state of the rule of law in the European Union.
"I would answer 'yes, but'", the Vice-President of the European Commission responsible for Values and Transparency, Věra Jourová, cautiously put forward in her opening speech. "Yes, the EU has the means to guarantee the rule of law, but we will have to work hard to make it last and strengthen it", she said.
Terry Reintke MEP (Greens/EFA, Germany) was less optimistic. "I would say no, not at the moment", she deplored, denouncing, among other things, the "incoherent" way in which the instruments available to the EU in this area are sometimes used.
Emmanuel Crabit, Director of the Fundamental Rights and Rule of Law Unit in the Commission's Directorate-General for Justice and Consumer Affairs, also believes there are still challenges ahead for the EU.
The Union should be able to promote the rule of law so that citizens are more aware of this issue, he said. It should also prevent crisis situations and react when the rule of law is challenged.
The fact that the rule of law is now a European concern and that the various EU institutions are joining forces on this issue is, however, "an important step forward", Mr Crabit stressed.
Several solutions were put forward by the participants. The debate focused in particular on the introduction in the Multiannual Financial Framework (MFF) 2021-2027 of a system of sanctions or freezing of funds against countries violating the rule of law.
"It's draconian. Especially towards citizens, NGOs, etc. We have therefore built into this proposal a mechanism to ensure that no one is punished, but just to make it clear that money will not go to the autocrats", said the Commissioner, who launched the initiative. (Original version in French by Agathe Cherki, intern)