On Monday, the ministers of justice of Germany, the Netherlands, Italy, Spain, Luxembourg and Belgium met in The Hague to discuss the legal elements of the rule of law in the EU. They are working on a joint statement aiming to highlight the role of the rule of law in the relationship between Member States. Furthermore, EU ministers and officials met in Brussels to discuss ways for the EU to more effectively ensure Members States compliance with the rule of law. The Council meeting comes at a time when judicial and press freedoms, civil society and the system of check and balances are under serious threat in certain Member States.

On the basis of a Presidency background paper and following a Communication published back in July by European Commission First Vice-President Frans Timmermans, ministers discussed proposals that include a peer review mechanism as well as a 'Rule of Law Review Cycle', to annually assess rule of law developments within the bloc. Pointing out citizens' support for increased action to defend the rule of law in Europe, the Finnish Presidency has called on ministers to evaluate the new measures on the table as well as the Council’s existing rule of law dialogue. 
 
With Member States, the European Parliament and civil society, pushing for a better use of the EU toolbox to discipline governments infringing judicial independence and democratic values, the European Union must now prove its ambitions to fully defend the rule of law in the EU and commit itself to assess the needs for additional mechanisms, avoiding duplication of existing instruments.

Input from the European Movement International
 

At a time when the European Union is confronted with breaches of European values and attacks on democratic norms by the governments of certain Member States, its toolbox to address such challenges is being put to the test. As we point out in our Policy Position on the Rule of Law, existing mechanisms should be further enforced to address systemic threats to the rule of law. We thus suggest the integration and incorporation of monitoring tools into one integrated and independent authority that regularly monitors institutional compliance with the Union’s fundamental values.

Any monitoring tool or authority should not be subject to outside influence, especially political influence. Instead, monitoring needs to be carried out independently and in a transparent manner. The European Movement also believes that a more vigorous engagement and support of civil society could imply better protection of the rule of law in Europe.