Bert Koenders, President-in-Office of the Council.  Mr President, the
European Union is not only a market, it is also a Union built on common
values. The EU Treaties are eloquent and crystal clear. Article 2 states the
values on which this Union is founded and reaffirms that these values are
common to all Member States. Membership of our Union entails not only
benefits, but also responsibilities. Among the foremost responsibilities of
each Member State is respect for the Union’s fundamental values, not least
the rule of law, democracy, and fundamental rights. It is what makes us as
Member States, and also as a Union, unique in the world.
These values are shared not only because they are written on paper, but
because they have been brought to life in pluralistic and open societies over
the last decades, sometimes against stiff opposition. They are fundamental
because they provide essential guarantees for the freedom of our citizens and
the functioning of our democracies. However, neither the rule of law nor
other fundamental values can be taken for granted. This continent brought
forth the three most deadly and venomous political doctrines that we have
known. Our ancestors fought over these doctrines and finally overcame
them. We have learned our lessons the hard way, and we have vowed
countless times that we would never return to those dark days, but would
build a new community on this continent where freedom and peace would
reign. We have been successful in this endeavour and the secret of that
success is that we put democracy and the rule of law first. It was crucial then
and it remains crucial today that we continue to do so.
Ensuring respect is a constant challenge that governments have to live up to,
and yet we must be honest. No one country has a monopoly on virtue and no
one country has a monopoly on vice. We all have deficiencies, but the true
strength of our democracies is that we can identify these deficiencies, debate
them, acknowledge them and fix them. That is what democracy is all about.
This also implies that we are ready to have open discussions about the best
way to protect these values in times of change. Today’s debate in which the
Council – and I thank you for that – has been invited to speak, has been
triggered by the most recent measures introduced by the newly
democratically elected Polish Government, including the position of the
Constitutional Tribunal, and the governance of public media.
Both the independence of tribunals and the freedom and pluralism of our
media are indispensable elements in ensuring the rule of law in a democratic
society. The Council has repeatedly stressed that media freedom and
pluralism are fundamental values and essential pillars of democracy. This is
due to their important role in ensuring transparency and to their impact on
public opinion and on the participation of citizens in decision-making
processes.
On several occasions the Council has also highlighted the independence of
the judiciary as a core value emerging from the constitutional traditions of
Member States. It is not for the Presidency to pass judgment, especially not
at this juncture in time. The Council has not discussed the situation, but I do
want to briefly say something about Poland. Not many countries have
suffered from European history as Poland has, divided, occupied, purged and
ravaged, but the Polish spirit has never died. It has fought for its
independence and its identity even under the Soviet yoke, and while its
government was in exile, Polish soldiers helped to liberate my country in
1945, and for that I will be eternally grateful.
(Applause)
And now in 2016, 11 years after Poland joined the European Union, it has
thrust itself forward into the circle of big powers. It has succeeded in
establishing itself as a confident and successful European political and
economic power, and it has grown into a democratic state with strengthened
institutions. And the Polish people have been able to do this because they
could build upon a tradition, having had one of the earliest enlightened
constitutions in Europe as its Constitution of 1791 attests. The Polish people
deserve huge respect for what they have accomplished and in their quest for
sovereignty they have found themselves at the heart of the European Union.
The Presidency is grateful for being given the opportunity to participate in
this debate. Parliament has always shown great dedication to the protection
of rule of law, democracy and fundamental rights in the Union. It is no
secret that my country, the Netherlands, home to Grotius and host to many
international tribunals, feels it must embed fundamental rights and the rule
of law in its foreign and European policies. In 2013, together with Germany,
Finland and Denmark, we sent a letter to our partners arguing the need for a
platform to debate the rule of law. If we can talk about fish and finance, why
not also talk about fundamental rights and the rule of law? That is also why
we are organising a rule of law seminar on migration in Strasbourg on
2 February. We hope to have many participants from the relevant
institutions.
Already two months ago the Council held its first annual dialogue on the
rule of law in the Union. We will organise a second rule of law dialogue in
the May General Affairs Council. We will use the outcome of the February
seminar as a basis for this discussion. Our Presidency is thus committed to
ensuring respect for these core values.
Of course, the Council is not acting alone in these matters of fundamental
importance. On the contrary. The Commission plays in our view a vital role
in monitoring developments in this field across the Union, especially in its
role as guardian of the Treaties. I also wish to highlight the role played by
the Council of Europe and its Venice Commission in these questions. Both
the European Commission and the Venice Commission, in accordance with
their roles, are looking into the developments of our discussion today, and
we would suggest that this debate is carried out in an impartial and
cooperative spirit, and that progress can be made after a thorough analysis of
the facts.
The Vice-President of the Commission will update us on the work of the
Commission and the next steps after the College’s decision last week to
launch a structured dialogue with the Polish authorities, and Prime Minister
Szydło, with whom I had the honour to talk today, will have the opportunity
to address this Chamber and share her government’s position. I welcome her
participation today which can only contribute to the necessary dialogue
within our European democracy.