Rule of Law

Idnes writes about the 2020 Rule Of Law Report’s assessment of the Czech Republic, Slovakia and four other eastern European countries. The EU’s report shows the Commission’s concerns regarding high-level corruption cases that have not been sufficiently pursued in the aforementioned countries. European Commission Vice President Vera Jourová describes herself as acutely aware of the effect that the absence of the rule of law has on people, since she “grew up in communist Czechoslovakia.” Concerning the Czech Republic, the report mentions the investigations on the misuse of EU funds and potential conflicts of interest. Although freedom of expression is guaranteed in the Czech Republic, the output of media companies is not completely free from the influence of their owners. The Commission’s greatest concern relates to the situation in Hungary and Poland. On Monday, Commission President Ursula von der Leyen stood up for Jourová after Viktor Orbán called for her resignation. Orbán felt that Jourová offended the Hungarian people by saying that a “sick democracy” was being created in Hungary. Jourová did not want to be involved in personal attacks, but still emphasised that we should “speak also critically, if needed, about actions of governments and elected representatives.”

Der Spiegel writes about the rejection of the rule of law report by two Commissioners. Hungarian Olivér Várhelyi, Commissioner for Neighbourhood and Enlargement, and Polish Janusz Wojciechowski, Commissioner for Agriculture, refused to endorse the report. The use of national politics in the College of Commissioners has been frowned upon, but now influences decision-making within the European Commission. Contrary to what was hoped for, this first-ever Rule of Law Report has not been able to bring peace to the heated discussion about the rule of law in Europe, in part because its criticism is not necessarily viewed as even-handed. Above all, Hungary and Poland are often accused, since their governments have eroded democracy and the rule of law for years.

El Pais reports clashes around the EU Budget between the European Parliament and Germany, acting as the Council’s rotating president. MEPs want European funds to be cancelled when Member States’ governments seek to undermine the rule of law. The European Parliament will have to vote on the proposal, but MEPs want more specific and forceful measures when “generalized deficiencies” are observed. The German proposal, however, speaks of “breaches” of the rule of law, but only when it affects budgetary issues. German officials urge the European Parliament to come to an agreement, especially because the negotiations earlier in July have shown difficulties in reaching a consensus on the EU Budget. Hungarian leader Viktor Orbán said that his parliament would not support a proposal seeking stricter measures. Northern European countries such as the Netherlands, on the other hand, have defended linking the European funds to the principles of the rule of law. Other Member States wish to see an agreement in order to bring about economic recovery. 

Portfolio.hu contrasts the Hungarian and Polish approach to the German proposal for the EU Budget with that of northern Member States. Germany has amended the proposal and presented it to the other EU permanent ambassadors. However, Poland and Hungary as well as northern European Member States have opposed the proposed compromise, albeit for different reasons. The Polish-Hungarian camp disagrees with the rule of law conditions. Hungarian Minister of Justice Judit Varga has already indicated that the new German proposal is unacceptable. Northern countries, on the other hand, demand even stricter rule of law conditions. Michael Clauss, German ambassador to the EU, said that his “concern has grown that, with the heated debate on the rule of law mechanism within the EU and also in the Council of Member States, we are increasingly running into a blockade in the overall budget negotiations.” German officials seek to close a deal on this matter within a few weeks. The question now is: how will there be a compromise, and at what price?