Having been approached to become European Commissioner for Democracy, Justice, and the Rule of Law, former Irish Minister for Finance Michael McGrath is preparing to defend his commitment to these three aspects of his mandate in readiness for his confirmation hearing in the European Parliament on Tuesday, 5 November.
In his answers to parliamentarians, Mr McGrath affirmed his determination to ensure better access to justice in the European Union, particularly for citizens and SMEs involved in cross-border disputes.
He plans to strengthen judicial cooperation among Member States, particularly in areas such as family law and civil law, so as to ensure smoother recognition and enforcement of judgments.
He feels, “Keeping instruments up to date with the latest developments, including digitalisation, and at the same time providing legal certainty with stable rules, is a priority.”
The digitalisation of judicial systems will be a priority for the commissioner-designate, who envisages a digital justice strategy that incorporates advanced solutions such as artificial intelligence while nevertheless respecting “the general principles of the rule of law, principles of judicial independence and procedural transparency”.
Mr McGrath also intends to foster a strengthened partnership with the EU Agency for Fundamental Rights so as to be careful to “ensure that Commission proposals meet the highest fundamental rights standards”.
With regard to data protection, Michael McGrath will ensure that the GDPR—which, in his opinion, “remains the cornerstone of the EU digital regulatory framework”—is applied effectively and that it is consistent with other EU digital legislation, such as legislation on digital markets and services.
He also aspires to strengthen the fight against corruption by means of a European anti-corruption strategy as well as increased support to Member States for fraud prevention.
Rule of law. The Irish candidate affirms that the rule of law, fundamental rights, and democracy are the pillars of the European Union and that it is crucial to promote and defend them.
The annual report on the rule of law has had a “clearly positive” impact in encouraging reforms in Member States, although it could be strengthened—for instance, by linking its recommendations to European funds.
If confirmed, the candidate will work in close collaboration with the commissioner responsible for the budget to strengthen this link, particularly with regard to anti-corruption reforms.
Moreover, he believes, “The rule of law is not theoretical” and directly impacts the lives of citizens and economic prosperity. Although he has, for the time being, ruled out extending the report on the rule of law to cover all the values in Article 2 of the TEU, he is open to discussing with the European Parliament how they can engage in support of fundamental rights.
The candidate also undertakes to hold discussions with the Committee on Civil Liberties, via a contact group, more regularly.
Michael McGrath says he supports “a more effective application of Article 7” of the EU Treaty on the rule of law. He also promises to keep putting pressure on the Council of the EU, which “must ensure a fair handling of the reasoned proposal tabled by the Parliament” [on Hungary, in this case—Ed.]. However, he neither specifies how it could be applied more strictly nor comments on the possibility of sanctions.
Consumers. On the subject of consumer protection, the commissioner-designate first details an action plan on the implementation of existing regulations to “protect consumers against unfair discrimination in the cross-border delivery of goods and services by addressing payment restrictions, territorial supply constraints and the provision of cross-border financial services”.
In order to further strengthen the effectiveness of regulations that are already in place (i.e., DSA and DMA), the Irishman wants to tackle the “four core issues highlighted in [his] mission letter”: “dark patterns, influencer marketing, addictive design and problematic personalisation”.
Implementing and applying the “brand-new General Product Safety Regulation and modernising the existing tools”—a possible new regulation is not mentioned—should make it possible to combat illegal and potentially dangerous products (see EUROPE 13491/3) sold by e-commerce platforms originating from third countries.
Finally, he gives details regarding the contours of the EU’s future “28th regime” for start-ups (see EUROPE 13510/24) and specifies that it must go “beyond the company legal form”, cover access to markets and finance, and encompass rules on contracts, taxation, and corporate insolvency.
The commissioner-designate’s answers: https://aeur.eu/f/dzu (Original version in French by Solenn Paulic, Isalia Stieffatre, and Nithya Paquiry)