On 10th September 2014 in a Mission letter from John Claude Junker (President-elect of the European Commission) to Vera Jourova, the European Commissioner designate for Justice/ Consumers/ Gender Equality (to be confirmed at the beginning of November following a plenary vote), John Claude Junker wrote the following:
http://ec.europa.eu/about/juncker-commission/docs/jourova_en.pdf
………Reform means change. I want us all to show that we are open to change and ready to adapt to it.
……..The EU needs to consistently respect and uphold the rule of law and fundamental rights. This is also an area
where we need to be sensitive to the diversity of constitutional and cultural traditions in the 28 Member
States. A strong EU justice and consumer policy can build bridges between national legal systems and
be a key part of reaping the full benefits of the Single Market, cutting red tape and facilitating cross-
border business. A sound and predictable justice system is also a prerequisite for economic growth and a business friendly environment.
So now we need to see how this statement will be put into practice, especially taking into account the outgoing EU Vice President (EU Justice Commissioner) Viviane Reding’s statement and framework to safeguard the Rule of Law in the European Union back in March 2014 (http://europa.eu/rapid/press-release_SPEECH-14-228_en.htm) in which she wrote the following:
“Mutual trust among EU Member States and their respective legal systems is the foundation of the Union. The way the rule of law is implemented at national level plays a key role in this respect. The confidence of all EU citizens and national authorities in the functioning of the rule of law is particularly vital for the further development of the EU into "an area of freedom, security and justice without internal frontiers". This confidence will only be built and maintained if the rule of law is observed in all Member States.”
…“procedures have not always been appropriate in ensuring an effective and timely response to threats to the rule of law “
….“Those principles include legality, which implies a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibition of arbitrariness of the executive powers; independent and impartial courts; effective judicial review including respect for fundamental rights; and equality before the law “
Mention was also made to the Fundamental Rights Agency
http://fra.europa.eu/en who have stated
….“Respect for fundamental rights and the rule of law are crucial if our democracies are to flourish,” said FRA Director Morten Kjaerum “
…..“If we commit to a robust framework for fundamental right that strengthens and empowers independent democratic bodies, we will be sending a strong signal to citizens that they can trust us to serve and protect them from violations of their rights.”
and at a recent International Ombudsman conference (http://ioi-europe2014.eu/conference-programme/ ) the following was being discussed:
“Existence of ombudsman`s institution in a concrete country is considered to be one of the proofs that the country obeys the principle of rule of law. This is even a pre-requisite for candidate countries to accede the EU. “
Note the following:
Ms Emily O’REILLY, European Ombudsman
Contact Form http://www.ombudsman.europa.eu/shortcuts/contacts.faces
Are these agencies and contacts useful to you, Maria (and Keith), with regard to ensuring the rule of law and citizen's rights are safeguarded in Spain?
Hope this helps!