Politics

What does the EU commissioner for justice do?

Role will include chastising EU countries over rule of law breaches and tackling foreign interference

Michael McGrath has been appointed as EU commissioner for justice. Photograph: Stephen Collins/Collins Photos
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Jack Power
Tue Sept 17 2024 - 12:40

Michael McGrath has spent the last week reading up on what would be expected of him if European Commission president Ursula von der Leyen asked him to take on the EU portfolio covering justice.

An accountant by trade, over his 20 years in politics the Cork man has been exclusively associated with finance. He was Fianna Fáil’s spokesman on the brief for many years in opposition, before becoming minister for public expenditure in 2020 and then later minister for finance.

The plan when he stepped down after being nominated by the Government as Ireland’s next EU commissioner, was that he would secure a finance-related portfolio.

In the carve up of the jobs at the top of the EU’s executive arm under Dr von der Leyen, Mr McGrath was named as the commissioner for democracy, justice and the rule of law.

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The portfolio is best known at present for leading the EU’s effort to chastise member states who breach or undermine the rule of law. In the last five years that meant clashes with Hungary’s rightwing prime minister Viktor Orban and Poland’s former Law and Justice government.

Each year the commission produces a report tracking the progress and backsliding of EU countries on the rule of law. As commissioner Mr McGrath will be expected to keep the pressure on Hungary, and others like Slovakia, whose populist government has begun to follow the path set by Mr Orban. Changes here could include tying more strings to EU funds.

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The justice job also covers consumer rights, which will include work on a new EU law to better regulate social media influencers. He will also be in charge of legislation like the General Data Protection Regulation (GDPR) and anti-corruption efforts.

The role is currently held by Didier Reynders, a former deputy prime minister and foreign affairs minister in Belgium. A review of his commission diary for the last year shows he met representatives from several tech multinationals, such as Meta and Google, to discuss data protection laws.

Due to the large concentration of big tech multinationals in Ireland, the country has traditionally been kept away from portfolios that cross into that field, like competition.

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Some aspects of Mr McGrath’s new job will bring him into contact, and potentially conflict, with tech giants. Dr von der Leyen said he would be responsible for taking forward the idea for a “European democracy shield”, to counter foreign interference. This might see Mr McGrath run up against social media giants over their platforms being used by foreign agents to interfere in elections and spread disinformation.

Before he gets behind his desk as the new commissioner Mr McGrath will first have to pass a hearing in the European Parliament, which is to take place in the coming weeks.