Written answers

Wednesday, 27 January 2021

Department of Foreign Affairs and Trade

EU Issues

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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391. To ask the Minister for Foreign Affairs and Trade 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. [4186/21]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Ireland is a firm supporter of the rule of law and the values of the EU enshrined in Article 2 of the Treaty on the European Union. The rule of law is and should remain a fundamental principle that all EU Member States respect, protect and promote, both within and beyond the EU.

Ireland has advocated broadly for respect for the rule of law at EU and international level. 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. To that end, a number of tools have been introduced or agreed over the past year.

This includes a rule of law conditionality mechanism 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, including NGEU grants and loans, 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 mechanism covers breaches of rule of law, the procedure that will apply and possible measures (e.g. suspension of funding, early repayment of loans 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.

Ireland also welcomed the publication, in September 2020, of the Commission’s first Annual Rule of Law Report, which presents a broad overview of the rule of law situation across EU Member States and the EU as a whole. It provides a valuable, impartial assessment of both positive and negative developments relating to rule of law. We look forward to discussing the Irish Chapter of the Report with fellow Member States at a meeting of the General Affairs Council during the Portuguese Presidency in 2021.

Proceedings against 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.

Conversations among EU Member States regarding the rule of law can be difficult, and each Member State has its challenges in this area, but it is important for Member States to be willing to engage on these issues. We will remain open to dialogue on the rule of law and we encourage our fellow Member States to do the same.

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