MIL-OSI Europe: Answer to a written question – Assessment of the conduct in office of Stephan Kramer, President of the Office for the Protection of the Constitution in Thuringia, with regard to the rule of law and democracy – E-003070/2024(ASW)

The Commission is fully committed to upholding democracy, the rule of law and fundamental rights in the Member States and will continue to monitor developments at national level.

Concerning the question of the handling of parliamentary immunities by the Office for the Protection of the Constitution in Thuringia, based on the available information, it does not appear that this matter is linked to the implementation of EU law.

The fundamental right to good administration, enshrined in Article 41 of the Charter of Fundamental Rights of the EU[1], aims to fulfil the EU’s commitment to the rule of law, which pursuant to Article 2 of the Treaty on the European Union is one of the EU’s founding values.

The right to good administration has also been recognised as a general principle of EU law by the Court of Justice of the EU.

Nevertheless, Article 41 of the Charter is only addressed to the EU’s institutions, bodies, offices and agencies, and not to Member States.

For this reason, the Commission is not in a position to assess its application in the context mentioned by the Honourable Member.

• [1] Charter of Fundamental Rights of the European Union, OJ C 326, 26.10.2012, p. 391-407.