From a Coal and Steel Community to a common currency: is Europe going to consolidate a common set of values as well?
In 2018, the Commission put forward a legislation to enhance progress in the implementation of Article 7 and protect European financial interests; today, it seems we have come to a turning point. Since the start of negotiations on the post-Covid recovery plan, the Next Generation EU, the process of framing an official and common resolution plodded along, with the question of conditionality to the rule of law reportedly being the bone of contention. The 17-21 July 2020 Extraordinary European Council Summit – one of the longest in EU history – adopted a conclusion which presented a much more watered-down language regarding rule of law if compared to the Conclusions from the previous day.
The Rule of Law
More recently, on the 5th of November, a clearer agreement between Parliament and Councilnegotiators was reached, which may initiate a new phase of European integration, focused on achieving of a more democratic and human rights-oriented Europe. In fact, if successfully ratified, the agreement would allow freezing European funds once Member States are in breach of their treaties’ obligations, signalling a renovated push towards deeper integration. It must be noted, however, that the deal must still be formally adopted, and that Poland and Hungary could still block its ratification.
The attempt to include a clear rule of law conditionality clause in the post-Covid recovery project marks a watershed in EU policy and echoes the opinion of 77% of Europeans who, according to Eurobarometer, indicated a preference for a link between access to EU funds and respect for the Rule of Law; it unveils EU transformative ambitions vis-à-vis reluctant Member States – Poland and Hungary in this case – which systematically reject the EU’s interference in their domestic policies.
At the same time, however, it poses a crucial dilemma: should the EU continue to protect the rule of law and risk delays on urgent projects such as the Recovery Fund? Or should Europe focus only on its original core concern (where it would allegedly have stronger legitimacy), namely economics? In light of a potential legitimacy crisis within the EU, some have speculated on the notion of Europe as either a value-based community or as a problem-solving entity, whose purpose is to protect the economic interests of its member states; or whether it is possible for Europe to embody both concepts.
A value-based community
In this sense, the European narrative has undoubtedly made impressive steps forward: since the collapse of the ideological bipolar constraint that characterized the Cold War, the prospect of territorial expansion has required different motives. Hence, a normative discourse on human rights, democracy and prosperity has been developed to this effect. In that respect, former EU Commission’s President Romano Prodi, along with other architects of enlargement, has been among the supporters of Europe’s role as promoter of peace, security and social justice, beyond mere commercial and economic prosperity.
However, progress in these fields demands action, and not only discourse. In fact, while pluralism is “Europe’s greatest historical and cultural treasure”, as well as a fundamental prerequisite of modern democracy, such diversity can occasionally lead to paralyzing the consensus-based decision-making system, preventing the adoption of certain initiatives.
Assessing whether – and eventually how – to rethink the EU’s aim to project its ambition and influence beyond economy may prove influential in determining both its effectiveness as a problem-solving entity and its credibility as a value-based community.
In 2018, the Commission put forward a legislation to enhance progress in the implementation of Article 7 and protect European financial interests; today, it seems we have come to a turning point. Since the start of negotiations on the post-Covid recovery plan, the Next Generation EU, the process of framing an official and common resolution plodded along, with the question of conditionality to the rule of law reportedly being the bone of contention. The 17-21 July 2020 Extraordinary European Council Summit – one of the longest in EU history – adopted a conclusion which presented a much more watered-down language regarding rule of law if compared to the Conclusions from the previous day.
The Rule of Law
More recently, on the 5th of November, a clearer agreement between Parliament and Councilnegotiators was reached, which may initiate a new phase of European integration, focused on achieving of a more democratic and human rights-oriented Europe. In fact, if successfully ratified, the agreement would allow freezing European funds once Member States are in breach of their treaties’ obligations, signalling a renovated push towards deeper integration. It must be noted, however, that the deal must still be formally adopted, and that Poland and Hungary could still block its ratification.
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