The European Commission’s annual audit on democratic standards throughout Europe shows a positive outlook but lacks real effectiveness due to its absence from any robust enforcement mechanism, as stated by an EU-wide network of civil liberties groups.
Launched five years ago and presented by the commission as a crucial tool against declining freedoms such as corruption and media oppression across Europe, these yearly rule of law reports have been scrutinized for their deficiencies in enforcement capabilities according to Liberties' expert on this matter.
Despite country-specific recommendations being a plus point, Viktor Kazai from Liberties highlighted the urgent necessity of swift and decisive actions if these bodies aim at maintaining rule of law within Europe without any direct linkage with sanctions mechanisms like EU fund allocation dependent on democratic standards or Article 7 procedure.
This year's report, which had particular focus due to issues around media freedoms in Italy and was apparently delayed by Ursula von der Leyen while rallying support from Rome for her executive position re-election bid (which she successfully achieved later), has faced scrutiny over its timing. However, the commission insisted on nonpartisanship of this report's delay concerning their political maneuverings and interests in Italy.
In Liberties’ ‘Gap Analysis,’ they appreciated European Commission’s commitment to upholding rule of law but critiqued it for overstating issues at hand, calling the situation too rosy as per them. With changes coming into effect by year-end under von der Leyen's impending second commission tenure, Liberties urged significant strategy improvements in address democratic backsliding occurring across various nations within Europe with an eye on implementation of their recommendations promptly and efficiently instead of vague claims about progress made.
Liberties cast doubt upon the claimed effectiveness by European Commission regarding how well its year-end reports have been met, arguing that only a small fraction (19%) is truly implemented compared to those announced or supposed underway but yet unmeasured and incomplete implementations in several countries where rule of law seems on decline.
The group further voiced concerns about noncompliance by mature democracies like Austria, France, Germany who they believe should be following Commission’s suggestions more closely - as their lacking efforts could potentially set a bad precedent for others not to follow suit in address these issues seriously and urgently.
Lastly, Liberties criticized the commission's tendency of misreading progress where it may simply exist but remains unmeasured or even non-existent at all - implying that without thorough assessment methods being used for gauging impactful actions taken in response to recommendations given by Commission over these years.
Liberties called upon more comprehensive incorporation of commission's reports into the EU rule law mechanism with stronger connections between them and enforcement procedures; rapid responses when there are deficiencies observed - suggesting that without this linkage, current situation does not promise genuine effectiveness in preserving democratic standards throughout Europe.
Nevertheless signs suggest some responsiveness from commission towards these criticisms as their new justice minister’s mission statement hinted at closer collaborations between report findings and enforcement procedures - though according to Kazai additional efforts might be required for full addressal of issues raised by Liberties regarding effective handling, monitoring & upholding democratic standards across Europe.
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