Former Cork TD settles into high-profile EU portfolio role

Former Finance Minister and long-serving TD for the Cork-South Central constituency, Michael McGrath, now serves citizens across Europe as European Commissioner for Democracy, Justice and the Rule of Law.

Since commencing his new role, Commissioner McGrath is now working in the Berlaymont, the EU Commission’s headquarters in Brussels. What exactly does his role entail and what are his future responsibilities for the next five years?

What is the Commissioner for Democracy, Justice and the Rule of Law?

Democracy, Justice and Rule of Law is an extensive, high-profile, and increasingly important portfolio.

This role was previously held by the Belgian Commissioner, Didier Reynders. It is a portfolio that is integral to the European project — protecting and defending democracy for 450 million citizens. The commissioner is tasked with defending human rights, punishing corruption, and ensuring the enforcement of contracts. In the Mission Letter sent to Michael McGrath by President von der Leyen, several key policy areas were outlined:

Upholding the rule of law across the EU, including the application of Article 7 (TEU) and the General Conditionality Mechanism, a tool which was used for the first time in 2022 when EU funds were suspended in Hungary as a result of rule of law breaches.

Consolidating the annual Rule of Law Report, coordinating work in reporting across Member States on the areas of judicial independence, anti-corruption, media freedoms, civic space and other institutional checks and balances. For the next mandate, President von der Leyen has suggested including a “Single market dimension” to Rule of Law reports to provide more clarity for companies, especially SMEs, who enter cross-border contracts as to how to address rule of law issues, that may arise.

Working with EU membership candidate countries, including Ukraine, to ensure national laws align to EU rule of law standards.

Leading on the new initiative which President von der Leyen unveiled in May 2024, titled the “European Democracy Shield”, which is aimed at tackling the rise of disinformation and foreign interference in Europe. President von der Leyen has said that the Shield will focus on the detection, treatment and response regarding information manipulation, with a stronger approach to deepfakes.

Monitoring application of the Charter of Fundamental Human Rights, as well as taking forward and concluding the EU’s accession to the European Convention on Human Rights.

Strengthening the European Arrest Warrant (EAW) by stepping up the cooperation between Europol and Eurojust, as well as further bolstering the European Public Prosecutors Office (EPPO).

Implementing the European Media Freedom Act, safeguarding media independence, and media pluralism, and building on the work for the protection of journalist against abusive lawsuits (SLAPPs).

Representing and protecting the rights of consumers across the EU by presenting a new policy frameworks such as a “Consumer Agenda 2025-2030” and a new “Action Plan” on consumers in the Single Market.

Ensuring the full enforcement of the General Data Protection Regulation (GDPR), as well as promoting secure and private data flows.

Monitoring ethical implications and use of Artificial Intelligence.

This ambitious portfolio underscores the EU’s commitment to safeguarding democracy and protecting the rule of law in a rapidly evolving global landscape.

What’s next?

Commissioner McGrath’s work is just beginning, and his first steps are being closely watched. He will collaborate with the Commissioner for Budget, Anti-Fraud and Public Administration, Piotr Serafin (Poland), as well as with the Commissioner and Executive Vice-President for Tech Sovereignty, Security and Democracy, Henne Virkkunen (Finland). Commissioner McGrath will be at the forefront of some of the EU’s most politically sensitive issues, including judicial independence, media freedom and digital rights, as well as the rights of minorities and asylum seekers. His portfolio comes with much complexity and criticality, when asked what he would do first in his new job, he answered: “I will start as I intend to go on — to listen and engage with MEPs, with member states but most importantly with the people of Europe”.

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