The Commission’s Rule of Law Reports: A Diagnosis or an Autopsy?

On 5 October 2020, the German Marshall Fund of the United States held a webinar dedicated to the first rule of law reports released by the European Commission under the new, much anticipated Rule of Law Mechanism. While the event was announced much before the publication of the reports, its title gave away the fears of rule of law experts – “Assessing the State of Rule of Law in the European Union: Diagnosis or Autopsy?”

I was honored to be invited to serve as one of the panelists along with Prof. Laurent Pech, Prof. Petra Bard, Anna Wójcik, who is the co-founder of Rule of Law in Poland, and Joachim Herrmann from the Cabinet of Commissioner Dreynders. As one could expect, the rule of law experts on the panel entertain very different views on the usefulness and the objectivity of these rule of law reports compared to the formal position of the European Commission. All of us seem to concur that the Commission spares hard truths for governments and that the reports rely heavily on euphemisms. I do believe that the criticism the Commission received was constructive and may benefit its own assessments in the future.

If you are interested in the debate, you can watch the recording on YouTube here. Prof. Pech discussed the general deficiencies of this mechanism while the rest of us critically evaluated the country chapters on Poland, Hungary, and Bulgaria:

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