The European Commission (EC) has adopted a new framework for addressing systemic threats to the rule of law in any of the EU's 28 Member States. The new rule of law framework will be complementary to infringement procedures - when EU law has been breached – and to the so-called 'Article 7 procedure' of the Lisbon Treaty which, at its most severe, allows for the suspension of voting rights in case of a "serious and persistent breach" of EU values by a Member State. The new framework establishes an early warning tool allowing the Commission to enter into a dialogue with the Member State concerned to prevent the escalation of systemic threats to the rule of law. If no solution is found within the new EU rule of law framework, Article 7 will always remain the last resort to resolve a crisis and ensure compliance with European Union values. The new framework does not constitute or claim new competencies for the Commission but makes transparent how the Commission exercises its role under the Treaties.
The main characteristics of the new rule of law framework are equality of Member States, initiating a dialogue with the concerned Member State and highlighting the role of the EC as an independent guardian of the rule of law. The process is comprised of three stages: an initial Commission assessment stage, whereby the Commission will collect and examine relevant information and assess whether there clear indications of a systemic threat to the rule of law; a Commission recommendation, where the Commission will issue a "rule of law recommendation" addressed to the relevant Member State; and a final follow-up stage, where the Commission will monitor the follow-up given by the Member State.
The new framework provides that that violations of the rule of law will be now more effectively addressed and that equal treatment will be guaranteed amongst all Member States.
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