Brussels Notebook – Tougher rules to protect the rule of law

The European Commission has introduced new rules todefend its principles and fight tax evasion.

Whenever an EU member state has run afoul of the bloc’s fundamental democratic values over the past two decades, the European Commission has been criticised for failing to do anything about it. This is about to change, although it remains unclear exactly how.

The Commission will now have greater powers to deal with countries suspected of systematically transgressing the rule of law. It will be entitled to investigate offenders, make recommendations on how to address the issues at stake and ultimately oversee the implementation of its advice. The goal is to create an ‘early warning’ mechanism to prevent the situation on the ground from escalating into a full-blown democratic crisis that would force Brussels to go for the so-called ‘nuclear option’.

Article 7 of the Lisbon treaty already grants Brussels powers to sanction member states that fail to respect the rule-of-law, including the revocation of an EU nation’s voting rights if it breaches basic rights such as freedom of expression. But it has never resorted to enforcing this prerogative, perceived as being too aggressive.

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