On Tuesday 21 May, the European Affairs ministers of European Union countries will take stock of the state of the rule of law in several Member States and will also discuss the future of the EU.
The ministers will discuss the European Commission’s proposal, sent to the EU Council on 6 May (see EUROPE 13405/1), to close the so-called ‘Article 7 TEU’ procedure on respect for the rule of law in Poland, which has been open since late 2017. The EU institution considers that there is no longer a clear risk of serious interference with the rule of law as a result of the measures taken since the Tusk government came to power, particularly in the area of justice.
Before closing this procedure, it would like to hear the opinion of the national delegations. According to a diplomatic source, on Tuesday, the ministers are expected to consider that this procedure can “reasonably” be withdrawn, as the reason that justified it at the time no longer exists.
The wording of Article 7 of the Treaty says little about the arrangements for closing the mechanism, as no formal stage other than the hearings has taken place in the EU Council. The Council has never held a vote to establish a clear risk of infringement, an initiative that would have triggered an additional stage in the procedure.
The ‘Article 7’ procedure will logically come to an end simply because the Commission withdraws its 2017 proposal. According to this source, the EU institution is expected to make this withdrawal before the European elections.
Still on the subject of the rule of law, the ministers will discuss the situation in the following four countries as part of the specific annual dialogue: Cyprus, Luxembourg, Latvia and Lithuania.
Future of Europe. Over lunch, the General Affairs Council will discuss the future of the EU, with a focus on the long-term climate transition.
It will also begin preparations for the June European Council, which already has several topics on the agenda: EU support for Ukraine, defence, capital markets union and discussions on the future institutional cycle.
See the annotated agenda of the European Council: https://aeur.eu/f/c95
In late June, the EU27 will adopt the EU’s future strategic agenda for 2030. Unveiled in early April, the first draft of this agenda has three main strands: - a strong and secure Europe; - a prosperous and competitive Europe; - a free and democratic Europe (see EUROPE 13388/1).
Resuming discussions which it will begin at an informal dinner on Monday 17 June, the European Council may announce the appointment of several people to senior European positions, including the candidate to preside over the European Commission for the 2024-2029 period. In accordance with the European treaties, it will have to take account of the results of the European elections, which will take place from 6 to 9 June, and the person chosen by the EU27 will have to secure a majority of the European Parliament in favour of him or her.
United Kingdom. Finally, the Commission will brief ministers on the latest negotiations on Gibraltar between Spain and the United Kingdom (see other news), as well as on the implementation of the Withdrawal Agreement and the Trade and Cooperation Agreement between the EU and the United Kingdom. (Original version in French by Solenn Paulic and Mathieu Bion)