|
2020-01-21 Europe
|
|
European governments have shown their frustration with the constraints imposed on them by the rule of law. Such governments often argue that the ‘will of the people' is supreme, regardless of domestic or international legal constraints
|
[CER.eu] Democracy and the rule of law are often, wrongly, treated as synonymous. There are increasing tensions in Europe between what governments think their voters want them to do, and what the courts and EU institutions allow them to do. Commission President Ursula von der Leyen is right to say that threats to the rule of law challenge the functioning of the EU. Key EU policy areas such as the single market and law enforcement co-operation depend on respect for the rule of law throughout the Union.
These laws were established without the input of the people. Duh.
Respect for the rule of law is declining in many EU member-states, not just those in Central Europe. One of the most comprehensive international indices, the World Bank's Worldwide Governance Indicators, shows that from 2009-2018 the rule of law deteriorated in 17 EU member-states.
The EU has a number of tools for monitoring and responding to non-compliance with the rule of law, but they are inadequate. Monitoring is too narrowly focused on judicial independence and relies on data submitted by member-states. Responses to democratic backsliding are inconsistent. The so-called Article 7 procedure, which can lead to suspension of a member-state's voting rights, has proved unusable. Attempts to make the disbursement of some EU funds conditional on respect for the rule of law have met legal and political obstacles.
Continued from Page 4
There has been too much focus on punitive measures, and not enough on incentives to respect the rule of law, or steps to increase public understanding of and support for the rule of law.
Elites love punishing the little people for failing to follow the laws they created. It's highly satisfying to them.
In addressing rule of law problems, the European Union needs to treat all member-states equally. Von der Leyen has taken a positive step in proposing an annual report on the state of the rule of law across the EU, but she needs to ensure that it draws on information from a wide range of sources, including the EU's Fundamental Rights Agency. The report should lead to a proper annual debate on the rule of law in the Council of the EU.
The Commission should not hesitate to take member-states to the Court of Justice of the EU when they violate the rule of law, especially now that the Court has shown itself willing to intervene even when no specific EU legislation has been broken.
The EU's political ‘families', such as the European People's Party, should take more responsibility for ensuring that their member parties respect the rule of law, rather than turning a blind eye to problems in their own groupings.
EU institutions should engage more with civil society organisations involved in raising public awareness of EU values and principles, and do more to promote respect for the rule of law throughout the Union.
In the negotiations on the proposed regulation to give the Commission the power to suspend the disbursement of certain EU funds to a member-state which undermines the EU's fundamental values, the Council and the Parliament should establish a stronger link between respect for those values and sound EU finances. A member-state's lack of respect for the rule of law may pose a threat to the proper use of EU finances, but democratic backsliding does not in itself guarantee corruption or the misapplication of EU funds.
The EU should look at what more it can do to help member-states tackle institutional weaknesses that damage the rule of law, allocating enough funds to do so. It should also be ready to help rebuild independent judiciaries in countries where these have already been seriously damaged.
I.E. when the people vote to change things, the EU needs to step in and alter the political landscape to favor its own interests.
Critics often accuse the EU of being an elite project, imposed on unwilling populations. But ordinary voters benefit from the EU's great achievements – the single market, and the borderless area of freedom, security and justice – which can only work if the rule of law prevails throughout the EU. The EU needs to try to win back voters' hearts and minds.
In other words: Shut up, you ungrateful peasants! Our data shows that GDP increased, so that means all of you benefited, even though the actual gains went to the rich. Also ignore the Americans who provide the actual security. 
|
Posted by Herb McCoy 2020-01-21 00:00||
||
Front Page|| [9 views ]
Top
|
|
Posted by Procopius2k 2020-01-21 06:44||
2020-01-21 06:44||
Front Page
Top
|
|
Posted by M. Murcek 2020-01-21 08:20||
2020-01-21 08:20||
Front Page
Top
|
|
Posted by magpie 2020-01-21 10:24||
2020-01-21 10:24||
Front Page
Top
|
|
00:59 Angealing+B.+Hayes4677
00:48 trailing wife
00:44 Elmaper+McGurque1612
00:36 Elmaper+McGurque1612
00:18 Beldar+Uneter3543
00:11 Skidmark
|
