Trust in Europe’s transparent and democratic legal systems
This Commission communication sets out a new EU framework to strengthen the rule of law to ensure effective and equal protection of the rule of law* in all EU countries.
ACT
Communication from the Commission to the European Parliament and the Council - A new EU framework to strengthen the rule of law (COM(2014) 158 final of 11.3.2014).
SUMMARY
This Commission communication sets out a new EU framework to strengthen the rule of law to ensure effective and equal protection of the rule of law* in all EU countries.
WHAT DOES THIS FRAMEWORK DO?
The purpose of the framework is to address ‘systemic threats to the rule of law’ in any of the EU's 28 countries. It establishes an early warning tool allowing the Commission to enter into dialogue with the country concerned in order to prevent the escalation of systemic threats to the rule of law.
KEY POINTS
The framework is designed to complement existing means of protecting the EU's rule of law. These include infringement procedures (limited to a breach of a specific provision of EU law) against EU countries, and the ‘last resort’preventive and sanctioning mechanisms provided for in Article 7 of the Treaty on European Union (TEU).
How the new framework will work
The purpose of the framework is to enable the Commission to find a solution with the EU country concerned so as to prevent the emergence of a systemic threat to the rule of law. It will apply in the same way to all EU countries and will operate according to the same standards.
National ‘rule of law safeguards’ should in principle be sufficient to address potential problems and can be found in a country's:
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political, institutional and/or legal order;
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constitutional structure;
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separation of powers (for example between the legislature, executive and judiciary);
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independence or impartiality of its judiciary or its system of judicial review (i.e. where courts can rule on the validity of an action).
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The framework will be activated when national ‘rule of law safeguards’ do not seem capable of effectively addressing threats in an EU country.
3-stage process
If there is a clear risk of a systemic threat to the rule of law in an EU country, the Commission will start a structured dialogue with that country to seek a solution. This process includes:
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Commission's assessment: the Commission may issue a ‘rule of law opinion’, giving the country concerned time to respond;
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Commission's recommendation: the Commission may issue a ‘rule of law recommendation’ (ways in which the country can swiftly and practically solve the problems found);
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Follow-up to the Commission’s recommendation: if the EU country does not respond satisfactorily, the Commission will consider using the mechanisms under Article 7 of the TEU to suspend that country’s rights under the EU treaties, including its voting rights in the Council.
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The Commission will keep the European Parliament and the Council informed of progress at all stages of the process. It may also seek external advice and expertise, such as from the European Union Agency for Fundamental Rights or European legal experts.
BACKGROUND
The EU and the rule of law
The rule of law is a founding and constitutional principle of the EU as outlined in the TEU and the EU Charter of Fundamental Rights . It enables EU citizens and national authorities to have confidence in the legal systems of all EU countries.
Further information is available from the European Commission’s Effective Justice website.
RELATED ACTS
Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union (2012/C 326/01) (Official Journal C 326 of 26.10.2012, pp. 1-390).
Charter of Fundamental Rights of the European Union (2012/C 326/02) (Official Journal C 326 of 26.10.2012, pp. 391-407).
Last updated: 12.12.2014