Summary of the seminar on “Better Safeguards to the Rule of Law”, 11-06-2014
- On June 11, 2014, Embassies of Finland, Germany, Denmark and the Netherlands, together with
the Representation of the Commisson in Estonia, organised a seminar on the Communication of
the European Commission for a new rule of law framework: “Better Safeguards to the Rule of
Law”. Seminar took place in the EU info center (EU House).
- Seminar took place just after the publication of the critical evaluation of the Council Legal
Service
- Opening by German Ambassador Mr. Christian Mathias Schlaga. The moderator of the seminar
was Carri Ginter, Associate Professor of EU Law in the Faculty of Law of Tartu University.
Speakers in the panel were:
 Mr. Rait Maruste, Chairman of the Constitutional Affairs Committee of the
Estonian Parliament
 Mr. Emmanuel Crabit, Head of ‘General justice policies and judicial systems’ unit
in the Directorate-General for Justice of the European Commission
 Mr. Gabriel Toggenburg, Senior Legal Advisor, EU Agency for Fundamental
Rights
 Ms. Tia-Maaret Möller, Counsellor, EU-affairs, the Finnish Prime Minister's
Office
Context: position Estonia
Estonia supports the general aims provided in the Commission´s communication on a new EU
Framework to strengthen the Rule of Law to respect and safeguard the values referred to in article 2 of
TEU (Treaty on the European Union). However, the measures foreseen in the EU Framework to
strengthen the Rule of Law can only be implemented in the framework enacted by the EU Treaties
and should not endanger the institutional balance in the European Union.
Substantive remarks of the seminar:
- Main discussions during the seminar focused on whether the new framework is a political or
legal framework, whether this framework is within the scope of the Treaties, and subsidiarity
concerns.
- Moller emphasized the importance of respect for fundamental values discussions in GAC:
commitment. Rule of law should not be taken as self-evident, but as something that needs
constant attention. We still lack the culture of criticizing each other. If FR (and RoL) are at risk, it
will affect the whole functioning of the EU.
- Toggenburg: Proposal for new framework is within the scope of the Treaties: EC defines it role
within article 7. Fundamental rights is not a policy, it is a duty applicable to all areas. Is
concerned that we get locked in a (too narrow) rule of law debate. Debate should be
complemented by a strategy, which also reviews EU’s own performance, encompasses other
fundamental rights (more inclusive) and involves other players (such as civil society).
- Maruste agrees that the EU should take care of FR (“never too much democracy, HR or RoL”),
but has difficulties with the Communication of the EC. He criticized the new framework because
of subsidiarity concerns/ EU competences. It should spell out the borders between national and
EU law more precisely.
- Crabit: emphasized that the new framework is a political dialogue (not legal) to avoid the use of
art. 7. It is fully within the scope of the Treaties and does not need additional requirements
before it can be used. The new framework should be seen as an explanation (transparency!) of
how the EC will proceed. The EC is not looking for a new definition of the “ Rule of law” (see
-
already annex of Communication on what is meant by RoL) , but it wants to address rule of law
crises,
They all agreed that the term “strengthen” in the title is maybe not the most appropriate term.
Rather “support” or “dialogue” than “strengthen”.