European added value of an EU mechanism on democracy, the rule of law and fundamental rights - Preliminary assessment

Briefing 23-04-2020

This preliminary European Added Value Assessment provides a comparison of the main features of the methodologies proposed by the European Parliament and the Commission on monitoring compliance with EU values. It reveals that though the Commission has made a significant step towards Parliament's position, four key differences in their approach remain. These notably relate to what is assessed, by whom and which follow-up is to be provided. The Parliament calls for an interinstitutional agreement in accordance with which a Panel of Independent Experts should assess the state of democracy, the rule of law and fundamental rights in the Member States. Based on this Report the Parliament and national parliaments as well the Council should be able to recommend follow up action to the Commission in terms of monitoring and enforcement. The Commission takes a more limited analysis of the rule of law into its own hands, relying on a network of Member State contact points. In view of its prerogatives, the Commission does not wish to be bound to a certain follow up.