On 1 December the new European Commission took office, with all Commissioner designates confirmed following their hearings in the European Parliament. They were, however, approved by the slimmest majority in the history of a new Commission, with only 54% of all votes in favour of the new team.

The Commissioners face tough decisions amidst greater fragmentation, further rule of law backsliding and high stakes on foreign policy. The EU needs a strong rights-centred plan, however the Commission’s priorities emphasise a ‘faster, simpler, and more united Union—one that supports its people and businesses’. This business-centric focus suggests rights and values will be pushed to the margins.

Rights and Values De-prioritised

For the first time since 2014, there is no portfolio on rights and values. During the previous Commission’s mandate, Vice-President Jourová held the file for Values and Transparency – elevating their importance to the position of Vice-President. From 2014, Commissioner Timmermans was responsible for Better Regulation, Inter-Institutional Relations, the Rule of Law and the Charter of Fundamental Rights.

Both positions were in addition to the Commissioner for Justice, and together, despite significant shortfalls, they were able to build and develop the fundamental rights toolbox – notably achieving the first rights-based infringement proceedings and the advent of the annual rule of law cycle.

Scattered Fundamental Rights

The fundamental rights portfolio is now divided between several Commissioners, with the lion’s share falling under the Commissioner for Democracy, Justice and the Rule of Law, held by Commissioner McGrath. In a potentially complicated structure the Equality portfolio, previously held by a single Commissioner, is now within the mandate of the Commissioner for Preparedness, Crisis Management and Equality - with both Commissioners reporting to different Vice-Presidents. Transparency sits with the Trade Commissioner and Democracy appears again under the Vice-President for Tech Sovereignty, Security and Democracy. This complex structure risks a diffused approach, with problems falling between different portfolios and no clear leadership and oversight.

New Commissioner, New Tools

No country seemed eager to nominate a commissioner with a legal background for the justice and rule of law portfolio. Commissioner McGrath gave a strong hearing and, when pushed, made clear that he won’t hesitate to act where there is backsliding on the rule of law,. He said he would use existing tools but also consider new ones. His mission letter explicitly requests him to work ‘to strengthen protection of civil society, activists and human rights defenders in their work’, a request s demanded by civil society for years.

On the last working day of the previous Commission, the 2025 rule of law cycle was launched. It newly emphasised the link between the rule of law and the single market and further developed financial consequences linked to recommendations. Otherwise, the timing, structure and focus remain the same, prompting the need to evaluate the progress and challenges of the cycle–now in its sixth year,--and how to make the reports more targeted, with clear consequences for persistent violations.

Testing Period Ahead

2024-2029 will be a testing period with a need for strong and principled leadership. If rights and values don’t guide all the EU’s values, we risk undermining the Union’s founding principles and giving credence to more polarised views that in the end fail to serve people across the region.

Liberties Will Closely Follow

We at Liberties, among many other pro-democracy and rights groups, will be following these developments closely, including monitoring the introduction of tools as promised by the new Commissioner and the proper and timely use of existing ones. The EU-wide network, coordinated by Liberties, is also actively participating in the recently launched consultation, and our detailed rule of law report - the 6th in an annual series - will be published in March, followed a few months later by our Gap Analysis.

Watch this space for more.

Photo credit: unsplash.com/ Unseen Histories