During the plenary session (5-8 October 2020) of the European Parliament in Brussels, MEPs debate the Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights. Opening statements by Michal ŠIMEČKA (Renew, SK), rapporteur, by Tiemo WÖLKEN (S&D,DE), JURI, Vĕra JOUROVÁ, Vice-President of the European Commission and Didier REYNDERS, European Commissioner for Justice and Domènec RUIZ DEVESA for the Committee on Constitutional Affairs. The following transcription is the result of an automatic process. Check Against delivery.

Brussels

debate

plenary session

JOUROVÁ, Věra (EC)

EU mechanism on democracy, the rule of law and fundamental rights (T)

REYNDERS, Didier (BE, EC)

WÖLKEN, Tiemo (S&D, DE)

ŠIMEČKA, Michal (Renew, SK)

RUIZ DEVESA, Domènec (S&D, ES)

The Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights: Opening statements by Michal ŠIMEČKA, rapporteur, Tiemo WÖLKEN, Vĕra JOUROVÁ, Didier REYNDERS and Domènec RUIZ DEVESA

SOUNDBITE (Original), David SASSOLI, EP President, So the next item on our agenda is the report by Mr &Scaron;IMEČKA. The establishment of an EU mechanism on democracy, the rule of law and fundamental rights.

SOUNDBITE (Original), David SASSOLI, EP President, Record. I should just like to remind members that for all the debates of this part, session, there will be no catch the eye procedure and no blue cards will be accepted. Mr Schumacher, rapporteur, you have the floor.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) Thank you very much. Mr President. Commissioners, of course. We are here to discuss the establishment of a new mechanism on democracy, rule of law and fundamental rights.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) But what we are really discussing and should be debating is the very future identity of the EU as a democratic peace project. Now, I grew up in Slovakia and years after the Velvet Revolution and for people of my generation, membership in the European Union basically meant a guarantee of life in freedom and democracy.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) The EU was meant to be a place where you don't get imprisoned if you speak out freely, which is what the communist regime did to my grandfather, who was a dissident intellectual. The EU was meant to be a place where you don't get thrown out of your job for disagreeing with those in power, which is what happened to other members of my family.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) But the problem is that the image, this image of the EU, the image of my youth, the image of the EU, as a guardian of democracy, is now being shattered. And instead it has developed a very high tolerance, unacceptably high tolerance for authoritarian politics.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) I at least we have one member state which can no longer be considered democracy. We have another member state, Poland, in which judges can be prosecuted for verdicts against the interests of the ruling party. In many other member states, we have thousands on the street protesting years of corruption and state capture.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) All of which begs the question where has the EU been while national governments have undermined democratic institutions or plundered public resources? Now, the proposal that we put before the plenary should put the EU in a position to do much more.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) What we need is a permanent, legally binding mechanism that, first of all, streamlines and makes more effective the instruments, the rule of law instruments that we have. Second covers all aspects of Article two and old values. They're enshrined and third ensures that compliance by member states.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) It's not just reviewed periodically, but also enforced precisely enforcement in action. What has so far been missing also from the commission's otherwise very thorough and very welcome report last week.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) But it is clear that monitoring alone will not bring back judicial independence in Poland, nor will it save index media in Hungary. Really, we do need enforcement for instance, on in Poland, the commission still hasn't come up with a request to impose fines, despite the fact that the Polish government is disrespecting the ruling of the European Court. Of Justice.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) And we can continue on and on but equally importantly, the council needs to stop diluting the budget conditionality proposal. I mean, we know that the EU money has demonstrated fully fuelled the rise of authoritarian and corrupt politics and in our member states.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) And this cannot continue. But the problem is it will continue if the proposal of the German presidency is adopted because it is weak and will not protect either the EU budget nor rule of law in Europe.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) Now, if the commission and the council are serious in restoring serious about restoring the EU as a community, of shared values, I would expect them to begin immediately negotiations on the proposal that the Parliament is putting forward for a binding mechanism as soon as possible.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) Now we know that there will be pushback and we know that some member states might reject it outright, seeing as they are willing to hold hostage the entire continent. About the rule of law conditionality. But there is a piece of good news as well.

SOUNDBITE (English), Michal ŠIMEČKA (RE, SK) The council only needs a qualified majority to negotiate and adopt our proposal and therefore reclaim some of these aspiration for a Democratic project. Thank you very much. Grazie.

SOUNDBITE (English), Tiemo W&Ouml;LKEN (S&amp;D, DE) Thank you very much, Rapporteur. Now, Mr. Fuken, the Legal Affairs Committee, you have provided an unfair to Kisa in the union and a KISA deductible. Even the option on your fianc&eacute; or McSkimming at us. I believe in the old you want to spend on a list. And that is what we are talking about here.

SOUNDBITE (English), Tiemo W&Ouml;LKEN (S&amp;D, DE) - Journalists being attacked, corruption not being tackled, independence of judiciary being called into question. Quite rightly, the commission is producing an annual report on rule of law.

SOUNDBITE (English), Tiemo WÖLKEN (S&D, DE) However, the issue of rule of law and democracy is missing from this report.

SOUNDBITE (English), Tiemo W&Ouml;LKEN (S&amp;D, DE) - What happens when you have LGBTI free zones created in a member state? And so we need more monitoring mechanism for democracy, rule of law and fundamental rights in this report.

SOUNDBITE (English), Tiemo WÖLKEN (S&D, DE) We need this underscored with budgetary ramifications. We will fight to that end, my dear colleagues, the enemies to democracy can be found in this very house. I would thank Michel for cooperation between the committees, for taking on board our key points on whistleblower protection, on further training for legal practitioners and key projects in the MFF. Thank you.

SOUNDBITE (Original), David SASSOLI, EP President, Thank you very much. I should Like to welcome Commissioner to the room.

Vera JOUROVA It's an honour to be here with you today. To speak about the Parliament's proposal for a mechanism on democracy, the rule of law and fundamental rights. Let me first thank Mr Simecka Rapporteur, Mr Simecka for his work dedicated to defending the fundamental values of the EU and such a comprehensive report.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency President von der Leyen said it clearly in her State of the Union speech of a few days ago. We were to trust is at the very heart of the union and the way we do think things together, breaches of the rule of law cannot be tolerated, and we will continue to defend the rule of law and the integrity of our European institutions.

SOUNDBITE (Original), Vĕra JOUROV&Aacute;, Vice-President of the EC in charge of Values and Transparency - European values are not for sale. We share the objectives of the proposals of the parliament to set a positive agenda for promoting, protecting and reinforce union values in accordance with the Article two of the treaty.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency This also corresponds to the objectives of the Commission for a new push for European democracy, including the first annual Rule of Law Report published on the 30th of September as part of the new comprehensive European Rule Floor Mechanism. And the Commission is well aware of the request of the Parliament for a broader mechanism covering not only the rule of law but also democracy and fundamental rights.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency I would like to underline then the scope of the rule of law mechanism is already comprehensive as it is covering four areas the national justice systems, the anti-corruption frameworks, media pluralism, and media freedom and other institutional issues related to cheques and balances.

SOUNDBITE (Original), Vĕra JOUROV&Aacute;, Vice-President of the EC in charge of Values and Transparency - The wide scope covers issues which are particularly important for the European Parliament, such as the enabling framework for civil society. All these aspects contribute also to the promotion of democracy and respect of fundamental rights in the next years.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency The commission will consider consolidating its monitoring in these areas and could cover additional aspects. The commission also recognises the necessity to further promote democracy and respect for fundamental rights.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency We believe that it requires a diversity of tailor-made, approaches and instruments as regards fundamental rights, the commission intends to present still this year the new strategy for the application of the Charter of Fundamental Rights at particular attention will be given to the application of the Charter in the member states and impact on the daily citizens life. And also by the end of this year, the commission will present another flagship initiative, the European Democracy Action Plan, which will focus on countering disinformation and adapting evolving threats and manipulations, as well as supporting free and independent media.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency The European Democracy Action Plan will specifically contribute to upholding fundamental rights and strengthening democracies through three integrated teams. They are the elections integrity. The second is strengthening freedom of expression and the democratic debate.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency And that third team is tackling this information in a coherent manner. Considering the need to look together at all the means used to interfere in our democratic system. The action plan will also have a particular focus on citizens' participation and the role of the civil society.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency Other initiatives and strategies will also further promote our basic will continue to monitor the impact of measures adopted in the context of the covid-19 crisis as regards compliance with EU law and ensuring free and fair elections and a fair democratic debate until restrictions are lifted.

SOUNDBITE (Original), Vĕra JOUROVÁ, Vice-President of the EC in charge of Values and Transparency As regards more specifically, the concrete parliament's proposals for the rule of law monitoring and its follow up. I will now give the floor to Commissioner Reynders. Thank you very much.

SOUNDBITE (Original), David SASSOLI, EP President, Grazia. Thank you very much. Commissioner Rynders has the floor.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice Honourable members, I would like to reinforce, if it's possible, what Vice-President you have just said.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice - The Commission fully agrees with European Parliament with regard to the importance of strengthening the EU's capacity to monitor other aspects of our common values.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice And for this reason, the commission presented last week, it was said by the rapporteur, Ms. Shamika, and thank you for your report.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice Its first annual report of the role of the rule of law and at the centre of a comprehensive European Rule of law mechanism is broader than just the report. The mechanism is a yearly process with aim to prevent problems from emerging or deepening, notably by having open debates and by exchanging best practises.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice The aim of The Rule of Law Report is to look at key developments as regards the rule of law across the whole European Union. It covers both positive developments and challenges and provides a country specific assessment of all the 27 member states with regard to the methodology as proposed by the Parliament for the annual monitoring cycle.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice The commission agrees on the importance of the consultation of stakeholders and on using a variety of sources, including via visits in the member states. This has been the approach followed already for the first annual Rule of Law Report.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice All the member states provided written input and we also carry out a target of stakeholder consultation where over 200 stakeholders provided written input.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice We also conducted more than 300 virtual country visits, meetings with Member States' national authorities, with judicial and order independent authorities and with relevant stakeholders, including civil society organisation.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice We made sure that this process was robust, transparent and inclusive. We have also kept the Parliament fully informed of our progress. This report represents the commission's assessment, but it relies also on assessments by a variety of independent experts and bodies, including the fundamental rights agency and the Council of Europe.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice Let me also say national level. I know that is precisely one of the objectives of the draught report of German Parliament discussed today in this respect this momentum to bring about change in the union.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice In this regard, I know technical preparation in Parliament have started to have all your first meeting with national parliaments in October November, and I can only welcome this as a very positive development.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice We are committed to work In an inclusive and constructive way. We have a common interest to swiftly set up the rule of law mechanism and the publication of the Rule of Law Report last week is an important first step towards this objective.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice Pursuing this under the existing institutional arrangements of the Europe and the rule of law making. So we will continue a permanent debate after a year on the best next report and we will try to organise a better cooperation year after year amongst the two institutions. Thank you very much.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice Because is a bizarre CHUGUNOV event is almost the reader, as I saw Arzak with. Many of you are checking every event now so much as the US and the president.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice Thank you very much, Madam Chair. And I should also like to thank my colleague Timo Shevchenko the first report of the European Commission on the rule of law is.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice Certainly a new stage, an important stage. We've got the budgetary values. We've got the State of the Union. This is something which is very important because we're starting an annual cycle on the rule of law. We also welcome the parliament's report on their own initiative report, which encourages the commissioner and the final part of the intervention and welcomes the into institutional aspect, which is essential to be able to defend the rights and values of our union. One final comment. It's very important that when we have this rule of, former Czechoslovak President Vaclav Havel would be eighty four today.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice - Relentlessly and successfully for the return of Central Europeans to our common European project. So dear colleagues, let's think of people like Havel and Europe of the past, divided.

SOUNDBITE (Original), Didier REYNDERS, European Commissioner for Justice -  And weak as we discuss the current need for an effective mechanism on democracy, rule of law and fundamental rights. Europe must protect common democratic principles and sense of European justice in order to maintain its purpose and have a meaningful future. Today's discussion is about fundamentals, which we must monitor guard and protect diligently, but also fairly with respect to all member states. This mechanism is not about a single country or naming and shaming of particular individuals. It is about essential foundations of democracy and institutions that should work for the benefit of all Europeans. And I want to thank the rapporteur for steering our work on this report. Along these lines, we have a solid text and we should send a strong message from this house this week to the council and the commission about the necessity for joint ownership and joint protection of rule of law in how those words, all European institutions should keep our company in search for a more just and more democratic European Union.