How A Radical Proposal Pushed By A PN MEP Could See EU Punish Countries Who Violate Rule Of Law
EU countries, including Malta, could soon face financial repercussions for failing to address rule of law matters if a proposal by the European Parliament gathers the momentum it needs.
Nationalist MEP Roberta Metsola and Dutch Liberal MEP Sophia in’t Veld have taken it upon themselves to pressure the European Commission to radically change the way it deals with member states who violate the rule of law, including blocking their access to EU funds.
“As MEPs, we are often criticised for being all talk, but the reality is that the European Parliament has no teeth to rap members states for failing to follow up on issues they had agreed to when they joined the EU,” Metsola told Lovin Malta. “After the assassination of Daphne Caruana Galizia and [Slovakian journalist] Jan Kuciak, the European Parliament wants to send a message that it is tired of being a talking shop and needs concrete mechanisms to deal with rule of law breaches by member states.”
This proposed mechanism, described as an EU democracy, rule of law and fundamental rights watchdog, was actually approved by the European Parliament back in October 2016. Metsola and PL MEPs Miriam Dalli and Alfred Sant all voted in favour of it, while the other three MEPs were absent from the sitting.
Although the European Commission has failed to follow up on the proposal, Metsola believes the assassinations of Caruana Galizia and Kuciak will stir it into action, perhaps as early as the end of the year.
MEP Sophia in’t Veld on the rule of law in Malta following Daphne Caruana Galizia’s assassination
What is being proposed?
The proposal calls for the setting up of a watchdog composed of apolitical experts, who will periodically analyse the state of the rule of law, fundamental rights and democracy in each member state. The experts will not only look at laws on paper but at how they are being enforced.
“For example, Malta might face questions on how Consuelo Scerri Herrera can get appointed to the Commission for the Administration of Justice and on how Henley & Partners can threaten journalists with SLAPP lawsuits,” Metsola said. “Poland might get questioned on its complete destruction of civil society and Hungary on its complete destruction of the free press.”
After investigating member states, the watchdog will issue country-specific recommendations and monitor how governments are following up on them. If member states ignore the recommendations, the watchdog will be empowered to take further action, such as temporarily blocking off their access to EU funds.
MEPs hold a minute of silence following Daphne Caruana Galizia’s murder. Photo: Reuters
“The EU is currently considering cutting funding to countries who refuse to relocate migrants from Italy and Greece, and the same principle should apply to countries who refuse to follow this watchdog’s recommendations,” Metsola said. “There have to be consequences for governments who ignore its recommendations or it will just become another talking shop.”
As it stands, the only action the European Commission can take against member states which violate the rule of law is to trigger Article 7 and suspend their voting rights. Yet this is reserved for extreme cases, and indeed the EC has only used it once – against Poland last December over its controversial plans to overhaul the judiciary.
“We need halfway measures to bring in line member states which are veering off track with regards the rule of law, just as we already have concrete measures to discourage member states not to veer off their environmental and financial pledges,” Metsola said. “This is about protecting citizens’ rights irrespective of governments.”
What do you make of Roberta Metsola’s proposal? Let us know in the comments’ section
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