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01/11/14

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Commission presents framework to safeguard rule of law in EU Member States

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Today, the Commission adopted a new framework for addressing systemic threats to the rule of law in EU Member States. It also presented its vision for the future of the EU's justice and home affairs policies.

Following experiences over the past years, it became clear that the EU's toolbox to deal with such threats had to be further refined, notably by complementing the possibilities of political persuasion, infringement procedures and the so-called "nuclear option" of Article 7 of the Treaty of the European Union .                 

President Barroso has announced a Commission initiative in this sense in his 2012 and 2013 State of the Union addresses. The new framework presented today by the Commission establishes an early warning tool allowing the Commission to enter into a dialogue with the Member State concerned to prevent the escalation of systemic threats to the rule of law 

The new framework is based on the current EU Treaties and defines a three-stage process to identify, assess and remedy a systemic threat to the rule of law. It will be applied in the same way in all Member States and will operate on the basis of the same benchmarks as to what is considered a systemic threat to the rule of law. The Commission, having the legal and the moral authority in these cases as stated by President Barroso, plays a central role in this new framework. It can draw on the expertise of other EU institutions and international organisations.

President Barroso said: "The rule of law is one of the founding pillars of the European Union. This is what our Union is built upon. The European Commission has a crucial role in upholding the rule of law as the Guardian of the Treaties. I have systematically pointed to the need for a better framework which allows the Commission to intervene early and transparently in cases of serious and systemic threats to the rule of law in a Member State. Today, the Commission is delivering on this commitment making sure that, in future, and based on our recent past experience, we can prevent and effectively resolve rule of law crises in our Member States."

On the same day, the Commission presented its vision for the future of justice and home affairs policies, which will feed into the EU's strategic discussions on these areas in the months ahead.

President Barroso said: "We have come a long way in the last 15 years. With the Lisbon Treaty, the justice and home affairs policies are now central policies of the European Union.  The Commission has responded effectively and delivered answers to pressing common challenges. Today we are providing our vision on the future of these policies."

 

President Barroso's press statement

Press statements by Vice President Reding and Commissioner Malmström

Rule of Law: European Commission presents a framework to safeguard the rule of law in the European Union

Future of Justice: Towards a true European area of Justice: Strengthening trust, mobility and growth

Future of Home Affairs: Shaping the future of Home Affairs policies – the next phase

The Future EU Justice and Home Affairs Agendas: Questions and Answers