Dáil Éireann Debate, Tuesday - 11 May 2021
406. Deputy Bernard J. Durkan asked the Minister for Foreign Affairs the extent to which the European Union continues to address threats to the rule of law in all European member states; and if he will make a statement on the matter. [24674/21]
View answerIreland is a firm supporter of the rule of law, enshrined in Article 2 of the Treaty on the European Union. We believe that it is important for the EU to have the necessary tools to monitor the rule of law across Member States and effectively respond to challenges where they arise. A number EU mechanisms address possible breaches of the rule of law.
A rule of law conditionality mechanism was agreed in December 2020 as part of the Multiannual Financial Framework and Next Generation EU package for 2021-2027. The mechanism requires Member States allocated funding from the EU’s budget to respect the rule of law, which is an essential precondition to comply with the principles of sound financial management enshrined in Article 317 of the Treaty on the Functioning of the European Union. The conditionality mechanism covers breaches of rule of law, the procedure that will apply, and possible measures (e.g. suspension of funding and a reduction of funding under existing commitments) against Member States found in breach. Once the regime of conditionality is introduced, Ireland will support its fair, proportionate and effective implementation.
In 2020 the Commission introduced a new Annual Rule of Law Report process, which presents a broad overview of the rule of law situation across EU Member States and the EU as a whole, as well as an examination of the rule of law situation in each Member State. It gives an impartial assessment of both positive and negative developments. Ireland actively engaged with the Commission in the preparation of the Ireland chapter of the 2020 report and we welcomed the objective review of rule of law in Ireland. Work on the 2021 report is now underway and included a recent virtual visit to Ireland by the Commission.
As part of the process, five country chapters of the Annual Report will be discussed at a General Affairs Council meeting during each Presidency. The Ireland country chapter of the 2020 Report was discussed at the April General Affairs Council meeting. These discussions are an opportunity for Member States to learn from each others' national experiences and to share best practices. The country chapters of each Member State will be discussed in due course.
Proceedings in relation to Hungary and Poland under Article 7 of the Treaty on European Union are ongoing and there have been a number of hearings at the General Affairs Council. Ireland has actively participated in these hearings - and will continue to do so - highlighting the importance we attach to respect for the rule of law. Ireland supports the continuation of Article 7 proceedings and we hope that discussions at Council level can continue towards a constructive resolution. The European Commission has also launched infringement procedures in relation to reforms of the judicial system in Poland and in relation to laws affecting the civil society space and academic freedom in Hungary.
We will remain open to dialogue on the rule of law and we encourage our fellow Member States to do the same.
