MIL-OSI Europe: Answer to a written question – Guaranteeing confidentiality, data protection and the separation of powers in Member States – assessing the impact of this on rule of law in the EU – P-002647/2024(ASW)

Source: European Parliament

Upholding the rule of law and ensuring that national investigations and judicial proceedings are conducted fairly, independently and transparently remains, first and foremost, a competence of the Member States and their national authorities and judicial bodies.

The political guidelines for the new Commission put democracy and the rule of law at the heart of a successful EU and highlight that strengthening this further will be the Commission’s daily work and duty.

In its role as guardian of the Treaties, the Commission remains committed to taking any necessary measures to ensure compliance with EU law and upholding the rule of law in all Member States and will continue to work with the Spanish authorities to promote the rule of law, including within the framework of the rule of law cycle[1].

The handling and disclosure of personal or confidential data must strictly comply with European and national regulations, including the General Data Protection Regulation (GDPR)[2].

The supervision and enforcement of the GDPR falls within the competence of national authorities, in particular the independent national data protection supervisory authorities and courts.

Independent data protection supervisory authorities have all the powers necessary to enforce the GDPR, including investigatory and corrective powers.

  • [1] https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/upholding-rule-law/rule-law/annual-rule-law-cycle_en
  • [2] Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Last updated: 24 January 2025

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