A hearing was held at the European Parliament in Brussels for Michael McGrath, the nominee for EU Commissioner for Democracy, Justice, and the Rule of Law. PiS MEPs Tobiasz Bocheński, Mariusz Kamiński, and Kosma Złotowski took part in the discussion.
Tobiasz Bocheński reported that the European Parliament’s Committee on Legal Affairs (JURI) had emphasized the need to respect the legal sovereignty of European Union member states, especially in light of the “inflation” of European law provisions that may encroach on national competences.
The Polish politician asked the Commissioner-designate what role national parliaments and courts should play in protecting member states and their legal frameworks from potential abuses by EU institutions. “What specific steps will you take to ensure that national sovereignty is preserved and the principle of subsidiarity is respected in EU legislation within the limits of your powers?” the MEP also asked.
Tobiasz Bocheński noted that the rule of law mechanism, and especially its link to EU funds, is a point of contention, particularly among the countries of Central and Eastern Europe. “How will you ensure that this mechanism is applied in an impartial and transparent manner, and in a way that prevents the risk of political abuse?” McGratha asked. The ECR coordinator on the JURI Committee also stated that all member states, regardless of their governments’ political orientation, should be treated equally under this mechanism. In this regard, he wanted to know how Michael McGrath would balance the necessary oversight by the European Union with genuine respect for the legal sovereignty of the member states.
Michael McGrath stated that there must be clarity regarding the division of competences between the European Union and the member states. “The principles of subsidiarity and proportionality are decisive when it comes to the division of powers, and the provisions of the Treaty on European Union (TEU) ensure that they are respected,” the Irish politician noted. He noted that national parliaments have all the powers under Article 2 of the Treaty to ensure that the division of competences is respected.
“We have an early warning mechanism that allows national parliaments to issue opinions on specific legislative proposals from the European Commission, as well as a procedure for dialogue with parliaments and between national courts and the Court of Justice of the European Union (CJEU), which allows for the verification of the compliance of all Union legal acts with its primary law and the principle of subsidiarity,” he noted, highlighting the available tools designed to protect the rule of law.
“The overriding principle is the primacy of European law over national law and the related rulings of the Court of Justice of the EU, often issued at the request of national courts. This is the foundation of everything we do,” the politician commented.
“Protecting the rule of law is at the very heart of our work, and I can guarantee impartiality in applying any tool from the ‘toolkit’ designed to safeguard the rule of law,” — the candidate for commissioner asserted, adding that he is ready to take decisive action to ensure that the rule of law is respected in all European Union member states.
The candidate for commissioner also referred to the annual report on the rule of law. “We have a robust methodology from the European Commission here, which takes into account input from member states, civil society, and all stakeholders, but ultimately, it is the Commission that draws the final conclusions,” he stated, adding that he would ensure this work remains fully impartial.
Mariusz Kamiński drew attention to a statement made by the commissioner-nominee during his hearing, in which McGrath asserted that the rule of law reports are an important tool for the European Commission. “I accuse these reports of a lack of objectivity, unreliability, and extreme politicization,” he said. The MEP recalled that in recent years, Poland has been ruthlessly attacked for alleged violations of the rule of law. “In the 2023 report, the arrest by Polish authorities of Pablo Gonzalez, a Spanish left-wing journalist, was supposed to be the prime example of this,” commented the PiS MEP. He explained that in reality, the individual in question was Paweł Rubcow—a Russian spy posing as a journalist, whom Putin personally welcomed at the airport following a recent spy swap. “Will you explain how such embarrassing errors could have been included in this report?” asked Mariusz Kamiński.
The MEP also wanted to know whether Michael McGrath, as commissioner, would address what is actually happening in Poland right now with regard to respect for the rule of law.
“Will you address human rights violations and cases of torture against political prisoners in Poland?” he asked, pointing out that the 2024 report on violations of the rule of law makes no mention of these issues.
Michael McGrath stated that, as is the case with all countries, discussions regarding the rule of law report will be held with the Polish authorities so that they can respond to the findings presented in it. “The rule of law report should be objective, credible, and evidence-based,” stated the Commissioner-designate. He reiterated that the Commission is the guardian of the Treaties, and that the provisions of Article 2 TEU must be applied.
The Irish politician recalled that in May, the Commission closed the Article 7 TEU proceedings against Poland. “I will support Poland in taking appropriate measures to protect the rule of law,” he asserted. He also stated that the Commission would continue to monitor Poland’s progress in this area and report on it as part of the rule of law process, as all regulations must be complied with.
Kosma Złotowski asked the Irish candidate for commissioner how he plans to address issues related to the EU single market in the report on the rule of law. In particular, he wanted to know whether the report would cover issues such as deregulation, the removal of administrative barriers, and digitalization.
The MEP noted that the development of artificial intelligence has accelerated significantly and that while it can bring many benefits to the justice system, it also poses risks. In this regard, he asked how artificial intelligence can support the rule of law and the judiciary, and whether Michael McGrath plans to draft legislation in this area.
The Polish politician also wanted to know whether, following the adoption of the Artificial Intelligence Act (AI Act) and the Directive on Liability for Defective Products (PLD), the Commissioner-designate sees a need to continue work on a directive on liability for artificial intelligence.
Responding to Kosma Złotowski’s question, Michael McGrath noted that artificial intelligence plays an important role in the digitization of the justice system and sees many opportunities in this area. He cited the filing of claims as an example of how to streamline proceedings.
The Irish politician stated that, given the existence of administrative barriers in the single market, it is necessary to verify whether the same conditions apply across the EU for companies that do business with other countries. “Companies engaged in cross-border trade must be certain that relevant agreements will be enforced and that courts will be objective, not politicized,” McGrath commented. He also highlighted the need for appropriate guarantees and safeguards to ensure the functioning of the single market. “I will apply this perspective, and of course we will further develop these issues in the next report on the rule of law,” he concluded.
