EU review: Germany also has problems with the rule of law

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When people in Brussels talk about deficits in the rule of law in Europe, the roles are usually clearly assigned.

Poland and Hungary in particular are criticized for undermining the independence of their courts and media.

It is these countries that are the loudest to oppose criticism from Brussels.

From Warsaw and Budapest it is often said that countries like Germany have their own problems with courts and the media and should deal with them first.

What is it?

This time the roles in Brussels were reversed.

Germany itself was put to the test on Tuesday at the Council's “Rule of Law Dialogue”.

A process that was started on the initiative of the German EU Council Presidency in 2020.

For every EU country there are now regular reports on the state of the rule of law, which are discussed in protocol order, i.e. not according to acute problems.

The aim is a debate to get the threatening situation in the EU under control.

Hungary and Poland are taking legal action against the Brussels plan to impose financial sanctions for violations of the rule of law.

"Lying press" allegations

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Even if the Council only spoke very briefly about Germany: some findings make you sit up and take notice. Above all, it is about corruption, hate speech and the freedom of the press. "In the debate about the rule of law in the EU, there must be no double standard," said Michael Roth (SPD), Minister of State for Europe in the Foreign Office, in an interview with WELT. Anyone who criticizes other countries, such as Poland and Hungary, must also look at their own situation.

The rule of law in Germany is strong.

"But we also have our homework to do," said Roth, who represented Germany at the meeting.

There are some "worrying trends".

Currently, threats and attacks against journalists by participants in demonstrations against corona measures as well as ongoing "lying press" allegations are a problem for the work of the media.

The organization Reporters Without Borders has now significantly downgraded its rating of press freedom in Germany for this reason.

"We all have to stand up for free journalism"

On the occasion of the appearance of the first free newspapers after the Second World War, Chancellor Angela Merkel paid tribute to the importance of press freedom for democracy.

At the same time, she condemned attacks on journalists in her weekly video podcast.

Source: The Federal Chancellor

With regard to the political independence of the media, the EU report sees only a “low risk” in Germany.

In public broadcasting, the parties and the government have neither sole nor direct influence on the program and budget.

Ownership of private media is also "transparent" and regulated.

In Poland and Hungary, on the other hand, the governing parties have direct influence on the broadcasters' programming and staff.

"Possible corruption and opaque lobbyism"

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Corruption, on the other hand, is a bigger problem. According to Minister of State Roth, the mask deals of members of the Bundestag have once again shown that "possible corruption and opaque lobbying must not be swept under the carpet." register on publicly accessible lists. That is an "important step".

But that's not enough for MEP and corruption expert Daniel Freund (Greens). The new lobby register leaves gaps "that resemble barn doors in their dimensions," Freund told WELT. With the exception of churches and associations, lobbyists still do not have to disclose their meetings. That is not enough. Even before the mask deals and Azerbaijan connections of some MPs became known, Germany was “not a model student in matters of the rule of law,” said the Green MP.

Freund emphasizes that federal ministers in Berlin have no obligation to disclose their financial circumstances.

This is exactly what the EU report on the rule of law notes towards Germany.

“A loan-financed purchase of a million dollar villa, as most recently by Health Minister Jens Spahn, must at least be disclosed by a control committee.” A review that is already standard in Brussels in order to avoid conflicts of interest when paying off a loan, for example.

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In 2019, the Romanian Rovana Plumb was rejected as EU transport commissioner in the cabinet of the German commission head Ursula von der Leyen, because she had not specified a private loan, among other things.

Overload of the courts

On the other hand, the EU rule of law report gives a positive verdict on the independence of the more than 1000 courts in Germany. The appointment and work of the judges is characterized by the separation of powers. Judges are also free to express themselves politically as long as they do not do so in their judgments. In Poland and Hungary, the ruling party controls the bodies that select judges.

The point of criticism is the overloading of the German courts. Proceedings at administrative courts take an average of around 400 days. The judiciary cannot keep up with the prosecution of hate speech on the Internet either and is calling for more equipment. A situation that is likely to have worsened during the pandemic. According to a current evaluation by ZDF, around 10,000 urgent actions against corona measures have been received in the courts since the first lockdown, mostly from private individuals. From lawsuits against contact restrictions to the closure of gyms. Constitutional lawyers also argue about the legality and permissible duration of the state's interference with fundamental rights. In Hungary, however, the government of Prime Minister Viktor Orbán had decreed that citizens were initially not allowed to sue against Corona measures.

In general, Minister of State Michael Roth sees the debates and disputes over the control of the pandemic as a positive sign.

"In the fight against the pandemic, clear rules apply: all measures taken must be transparent, proportionate and limited in time," said Roth.

Some of the politicians and society disagree about this.

“Courts have repeatedly shown limits.

So the rule of law works. "

The Green MP Daniel Freund also says: Although Germany is rightly under criticism, this should not hide the fact that the differences in the rule of law in Europe are serious.

"It cannot be compared with the situation in Hungary, where free media are systematically muted."