Thread by @spornschlegel

My two cents on the latest EU RoL. I expected to write about the report's content, but ended up doing a political analysis of where we stand - bc in the end, the report can be a brilliant analysis, beautifully written and very thorough, the question is what we do with it. /1

First, let me emphasise that this is a positive development. The European Commission recognises the relevance of Rule of Law, analysing the situation in all EU27. Glass half full, but it could have been different. It is a first step in the right direction. /2

The annual report creates the evidence needed to assess the RoL situation. We already had ample information on some EU MS (heads up to the EP & CoE), but not on all - this EU27 report allows to say “we looked at everyone the same way”. Evidence is always good start for PM. /3

But (and it’s a big but): The question is what you do with it. The report does *not* have any direct consequences on MS. It does not effectively promote media pluralism and the independence of the judiciary on the ground... (as @POLITICOEurope says): politico.eu/article/europe… /4

...The only effective way the EU does this at the moment is through infringement procedures. And those are slow, when time plays in the hands of autocrats. The sanctions have not had a deterrent effect either./5

We now need 2 things: 1) This report needs to be widely supported by EU DMs - as @ThierryBreton did today in an op-ed w/ @VeraJourova. There is a real danger that if DM do not endorse this report, it will become yet another Communication for the drawer.lemonde.fr/idees/article/… /6

2) I’ve heard plenty of decision-makers in the past months talk about the report as *the* milestone in EU RoL policy. Well, now it is there - and, surprise, it is not enough, especially not when you do not express "recommendations" but only "concerns". /7

We need follow-up measures which have a *real* effect, instead of more “monitoring” & “consultations” as part of a "toolbox" that, until now, has proven little effective to stop Hungary from sliding into autocracy. /8

That leads us to the other hot topic: The negotiations on the conditionality measures for the #MFF & #NextGenerationEU, which would have some real-life impact. However, the watered-down measure that passed in the Council tonight has almost nothing to do with RoL any more... /9

...it is simply an anti-corruption clause. (not great, dear @EU2020DE). Once again, this shows: RoL does not *really* matter. Because that’s how politics works: Where there’s a will, there’s very often a way. /10 & THE END

Oh and here's the report. ec.europa.eu/info/publicati…