Luxembourg, 13 July 2022
The Commission has today published thethird annual Rule of Law Report. The report comes in the context of the Russian invasion of Ukraine, which further showcased the importance of upholding democratic values, human rights and the rule of law.
It includes an overview of the trends in the EU as a whole and 27 country chapters looking at developments in every Member State since July 2021. This year’s report for the first time contains specific recommendations addressed to each Member State, as announced by Presidentvon der Leyenin her2021 State of the Union address. The recommendations are intended to encourage Member States to take forward ongoing or planned reforms and help them identify where improvements are needed.
As with previous editions, this report examines developments in four key areas for the rule of law: justice systems, the anti-corruption framework, media pluralism and freedom, and other institutional issues linked to checks and balances. The report shows that rule of law reforms have continued to take place in many Member States to address challenges identified in the previous two editions. At the same time, systemic concerns remain in some Member States.
The report follows-up on challenges identified in previous reports, deepens the Commission’s assessment, and includes observations also on issues such as public service media, the use of spyware or the implementation of judgements by the European Court of Human Rights.
Key findings and recommendations
1. Justice reforms
Justice reforms have remained high on the political agenda over the last year. Many Member States have embarked on important reforms to strengthen judicial independence, such as reforms related to the composition and powers of councils for the judiciary, improving judicial appointment procedures or strengthening the autonomy of prosecution services. Member States also introduced measures aimed at improving efficiency and quality of justice, such as further digitalising justice systems, and facilitating access to justice.
At the same time, structural concerns persist in a few Member States as regards judicial independence. In some Member States there are challenges regarding appointments in higher courts and for court president positions. In others, concerns exist regarding the independence/autonomy of prosecution services and disciplinary proceedings are used to curtail judicial independence.
To address these issues, the Commission’s recommendations encourage, for example, a stronger involvement of the judiciary in appointment procedures, more autonomy of prosecution services and for Member States to provide adequate resources for justice systems.
2. Anti-corruption frameworks
The EU remains one of the least corrupt regions in the world. Since July 2021, many Member States have adopted new or revised existing anti-corruption strategies, or are in the process of revising them. Several Member States have brought existing frameworks in line with international anti-corruption standards and EU law. Most Member States have extensive legislation in place providing the criminal justice system with the necessary tools to fight corruption. Many Member States have taken measures to increase the capacity of prosecution authorities responsible for the fight against corruption through steps such as additional resources, or extra training.
However, corruption remains a serious concern for EU citizens.The 2022 Eurobarometer on corruptionshows, for example, that 68% of them believe that corruption is widespread in their country. In some Member States, investigations and prosecutions into corruption cases are lengthy and judgments still lacking, especially in high-level cases. Public officials are subject to asset and interest disclosure obligations in all Member States, but these vary in scope, transparency and accessibility of disclosed information, as well as in the level and effectiveness of verification and enforcement.
As regards anti-corruption frameworks, the Commission has made recommendations related to the strengthening of preventive frameworks, for instance on lobbying and conflicts of interest rules, and on ensuring the effective investigation and prosecution of corruption cases.
3. Media freedom and pluralism
Both the COVID-19 pandemic and Russia’s war against Ukraine have demonstrated the crucial role of journalists to check facts and inform citizens. Several Member States have adopted, stepped up or are considering measures to improve journalists’ safety and working conditions, building on the recent Commission initiatives. Since the last report, several Member States have made efforts to improve the transparency of media ownership. Concerns remain regarding the lack of transparency in the distribution of state advertising, conflict of interests and obstacles related to the access to public documents – these are some of the important issues highlighted in the report which require attention.
For the first time, the report also looks into public service media, recognising their special role for society and democracy. Safeguards are needed to ensure that the independence of public service media is protected, that public funding is adequate and not used to put political pressure on those media, as it is outlined in European standards.
The findings of the report are building on a series of sources, including theMedia Pluralism Monitor (MPM 2022),the Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalistsas well asthe Mapping Media Freedom Platform.
The Commission has issued a number of recommendations which cover among others the transparent and fair allocation of state advertising, the independent governance of public service media and measures to improve the safety of journalists. The upcoming Media Freedom Act will be aimed at addressing several of the issues identified in the Rule of Law reports.
4. Institutional checks and balances
Member States have continued to improve the quality of their legislative processes – a trend noted in the 2020 and 2021 Rule of Law Reports. Constitutional Courts continue to play a key role in the system of checks and balances including oversight of emergency measures as well as in other areas such as elections. Human rights institutions, ombudspersons and other independent authorities have seen their status further strengthened in some Member States. In the majority of Member States, there is an enabling and supportive environment for civil society.
However in some Member States there is still no formal framework to consult stakeholders, which is a concern, and civil society organisations continue to face challenges such as funding issues, negative narratives and restrictions to their operating space. For the first time, the report also looks at Member States’ implementation of judgements by the European Court of Human Rights. The report also looks into the reactions of Member States’ checks and balances to the use of spyware. While linked to national security, the use of such tools should be subject to national checks and balances.
To address some of these challenges, the Commission has made recommendations relating for example, to the involvement of stakeholders in the legislative process, the establishment and functioning of accredited National Human Rights Institutions and to ensure an open operating framework for civil society.
Members of the College said:
Vice-President for Values and Transparency, VěraJourová, said:
“Rule of law remains a bedrock of democracy. Russia’s war in Ukraine is another reminder of the importance of our work to uphold and promote rule of law in the EU and beyond. This year’s report shows that the debate about rule of law in Europe is making progress as Member States make improvements and address rule of law matters. Unfortunately, concerns still remain in some Member States, especially when it comes to the independence of judiciary. Also, for the first time, the report looks into public service media. More safeguards are needed to ensure that the independence of public service media is protected, that public funding is adequate and not used to put political pressure on those media. Today we are taking it one step further by recommending how to improve the rule of law situation across the EU. I call on Member States to follow the recommendations, engage in a serious debate and take action.”
Commissioner for Justice, DidierReynders, said:
“The unprovoked and unjustified Russian military aggression against Ukraine shows that protecting and promoting the rule of law is more important than ever. The EU will only remain credible if we uphold the rule of law at home and if we continue to reinforce the rule of law culture. I am glad to see that our report contributes to this objective. It helps to drive forward important reforms in the Member States. Today we are not only reporting on the rule of law situation, but we are also recommending constructive ways to improve justice systems, step up the fight against corruption, and ensure a free and independent media and strong checks and balances”.
Next steps
The Commission now invites the European Parliament and the Council to continue general and country-specific debates on the basis of this report. It also calls on national parliaments and other key actors, including civil society, to continue national dialogue on the rule of law. Lastly, the Commission invites Member States to address the challenges identified in the Report and stands ready to assist them in their efforts, including to implement the recommendations.
Background
The rule of law is crucial for every EU citizen and business as it guarantees fundamental rights and values, ensures the application of EU law, and supports an investment-friendly business environment. It is one of the fundamental values upon which the EU is built.
The annual Rule of Law Report is the result of close dialogue with national authorities and stakeholders, and covers all Member States on an objective and impartial basis, looking at the same issues. The qualitative assessment carried out by the Commission focuses on significant developments since the adoption of the second annual Rule of Law Report in July 2021 and ensures a coherent approach by applying the same methodology to all Member States, while remaining proportionate to developments. The assessment contained in the country chapters has been prepared in line with the scope and methodology as updated following discussions with Member States.
The report is at the centre of the European Rule of Law Mechanism. The Mechanism is a yearly cycle to promote the rule of law and prevent problems from emerging or deepening. The objective of the Mechanism is preventive. It is separate from the other elements in the EU’s Rule of Law Toolbox, and complements but does not replace the Treaty-based mechanisms for the EU to respond to more serious rule of law related issues in Member States. These tools include infringement proceedings and the procedure to protect the founding values of the Union under Article 7 of the Treaty on European Union.
The third edition of the report takes the next step in the Commission’s investment in the rule of law with specific recommendations for all Member States. The recommendations have been prepared based on the assessment in the country chapters and the dialogue with Member States as well as in full respect of the principle of equal treatment. In issuing the recommendations, the Commission has paid close attention to keeping them focused and anchored in European standards, and to taking into account national legal systems. In addition, consistency and synergies with other processes, such as the European Semester, the budget conditionality mechanism and the Recovery and Resilience Facility are ensured. Subsequent editions of the Rule of Law Report will look at the follow-up given to the recommendations. The recommendations should be read together with the assessments in the country chapters that examine particular concerns and are meant to guide Member States to take measures to address them.
The challenges in the area of media freedom and pluralism identified by the previous rule of law reports have led to several recent EU initiatives, including arecommendation on the safety of journalistsand a package ofmeasures to address abusive lawsuits against public participation. The Commission is working on a proposal for a European Media Freedom Act.
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2022 Rule of Law Report – The rule of law of law situation in the European Union
2022 Rule of Law Report –Recommendations
2022 Rule of Law Report –Country Chapters
2022 Rule of Law Report –Country Chapter Abstracts and Recommendations
2022 Rule of Law Report –Methodology
2022 Rule of Law Report –Questionnaire
The European Rule of Law Mechanism – Factsheet
The EU’s Rule of Law Toolbox – Factsheet
2022 Rule of Law Report –Questions & Answers
Eurobarometer on corruption capturing citizens’ perceptions and experiences
Eurobarometer on businesses’ attitudes towards corruption in the EU
2022 Rule of Law Report – EU Commission Questions and Answers
What is the Rule of Law Report?
The annual Rule of Law Report is a preventive tool and part of the annual European Rule of Law Mechanism. It complements other mechanisms and instruments at EU level, the so-called ‘EU Rule of Law Toolbox’, each with their own purpose. The aim of the report is to look at both positive and negative rule of law developments across the EU, as well as the specific situation in each Member State. The rule of law benefits everyone in the EU, as it guarantees fundamental rights and values, ensures the application of EU law, and supports an investment-friendly business environment. It is one of the fundamental values upon which the EU is built.
The aim of the report is to promote and safeguard the rule of law in the EU and each of its Member States. Learning from each other’s experience better equips Member States to finding the best way forward and to preventing challenges to the rule of law from emerging or deepening. The report covers developments in four key areas for the rule of law: justice systems, the anti-corruption framework, media pluralism and freedom, and other institutional issues linked to checks and balances. The 2022 report presents an overview of the rule of law situation in Member States and significant developments at the EU level since July 2021. It consists of a general report and 27 country chapters, and for the first time also includes concrete recommendations to the Member States.
This year’s report comes in the context of the Russian invasion of Ukraine, which only further showcased the importance of upholding democratic values, human rights and the rule of law.
What is new in the 2022 Rule of Law Report?
The 2022 report for the first time includes specific recommendations to Member States, as announced by President von der Leyen in the 2021 State of the Union address. The objective of the recommendations is to support Member States in their efforts to take forward ongoing or planned reforms, to encourage positive developments, and to help them identify where improvements or follow-up to recent changes or reforms may be needed.
In the country-specific reports, the Commission has continued to deepen its assessments and follow-up on the challenges and developments identified in the previous two reports. For example, the Commission has collected more information on the framework for civil society organisations, through a targeted stakeholder consultation and a systematic involvement of stakeholders in the country visits.
The report also covers, for the first time, some new topics that have emerged as relevant for ensuring the rule of law, such as public service media, the use of spyware and an overview of the implementation of judgments of the European Court of Human Rights. The addition of these topics also corresponds to requests by the European Parliament and stakeholders.
Why add the recommendations? How were they developed?
The inclusion of concrete, country-specific, recommendations was first announced by President von der Leyen in the 2021State of the Union address.
In line with the preventive nature of the report, and based on the continuous dialogue with Member States, the objective of these new recommendations is to: (i) support Member States in their efforts to take forward reforms; (ii) encourage positive developments; and (iii) identify where improvements or a follow-up on reforms may be needed, also with a view to addressing systemic challenges in certain cases. The recommendations stem directly from the analysis included in country chapters and aim to guide Member States to take appropriate measures to address concerns raised. The recommendations do not prejudge in any way any proceedings the Commission may initiate under other legal instruments, such as infringement procedures or the Conditionality Regulation.
In preparing the recommendations included in this report, the following principles have been observed:
- All Member States are subject to country-specific recommendations in full respect of the principles of equal treatment and proportionality.
- The recommendations in the report are based on an in-depth assessment in the country chapters, and the application of objective criteria grounded in EU law or European and international standards.
- The recommendations are proportionate to the identified challenges. They also encourage the pursuit of positive reform efforts.
- The recommendations are sufficiently specific to allow Member States to give a concrete and actionable follow-up, while taking the national competences, legal systems, and institutional context into account as relevant.
- In preparing the recommendations, the Commission has paid close attention to consistency and synergies with other processes, such as the European Semester, the Conditionality Regulation and the national Recovery and Resilience Plans.
- Subsequent editions of the Rule of Law Report will cover the follow-up to the recommendations.
How will the Commission follow up on the recommendations?
The Commission invites Member States to address the challenges identified in the report and stands ready to assist Member States in the efforts to implement the recommendations. Next year’s report will cover the follow-up on the developments and assess the implementation of the recommendations. As the new annual cycle of dialogue on the rule of law will now start, the Commission invites the Council and the European Parliament to continue organising general and country-specific debates on the basis of this report. This will also provide the opportunity to look further at concrete implementation of the recommendations.
How did the Commission prepare the 2022 Rule of Law Report?
The 2022 edition is the result of an inclusive process with Member States and stakeholders, and follows the same methodology as the previous reports, updated following discussions with Member States.
In November 2021, Member States were consulted on the questionnaire used to collect input for the third report. Between December 2021 and January 2022, the Commission received written input from Member States and over 250 written contributions from stakeholders about specific developments in Member States, as well as at the EU-level.
Between February and April 2022, over 500 country visits took place online across all 27 Member States, and the Commission discussed rule of law developments with nearly 700 national authorities, including judicial authorities, law enforcement, as well as other stakeholders, such as journalists’ associations and civil society organisations. Member States were given the opportunity to provide factual updates on their country chapters ahead of the adoption of the third Rule of Law Report.
The Rule of Law Network, which was set up in 2020, continued providing a channel of communication between the Commission and the Member States.
How has the Commission assessed the developments related to the rule of law in the 27 Member States?
The assessments contained in the 27 country chapters were prepared in line with the methodology discussed with Member States. The work is based on a variety of sources, and is again focused on four main pillars: the justice system, the anti-corruption framework, media pluralism, and other institutional checks and balances. For each pillar, the methodology recalled the EU law provisions relevant for the assessment. It also refers to opinions and recommendations from the Council of Europe, which provided useful guidance.
The country chapters rely on a qualitative assessment carried out by the Commission, focusing on a synthesis of significant developments since the adoption of the last report. The assessment covers both challenges and positive developments, including good practices. In each country chapter, the analysis focuses in particular on topics where there have been significant developments, or where important challenges have been identified in the previous report and persist during the reporting period.
The country-specific chapters do not purport to give an exhaustive description of the rule of law situation in Member States but focus on the most significant developments.
The specific recommendations tailored to each Member State stem directly from the assessments included in the country-specific chapters.
What is the value added of the Rule of Law Report?
Throughout the past year, the rule of law has been a prominent theme on the European agenda, with the 2021 Rule of Law Report bringing a major contribution to informing the political as well as the technical debate at both EU and national level. The annual Rule of Law Report is indeed central to our efforts to have a practical impact on promotion and safeguarding of the rule of law in the EU.
The findings of the Rule of Law reports have brought a major contribution to informing the debates on the rule of law at both EU and national level. On its basis, the General Affairs Council meetings, for example, held constructive discussions and successfully exchanged best practices.
The European Parliament has also played an increasingly important role in debating the rule of law, a trend which has continued over the past years. In this regard, the European Parliament has provided the Commission with several recommendations on how to develop the reports further. The decision to include recommendations in the 2022 report also responds to a call from the European Parliament.
In the same vein, following the publication of the 2021 Rule of Law Report, the Commission visited most national Parliaments to present and discuss the methodology and the country-specific findings of the 2021 Rule of Law Report.
Which stakeholders were consulted on this report?
The Commission carried out a targeted stakeholder consultation, which provided general and country-specific contributions from a variety of EU agencies, European networks, national, European civil society organisations and professional associations and international and European actors. These included: the Fundamental Rights Agency, the European Network of Councils for the Judiciary (ENCJ), the European Network of National Human Rights Institutions (ENNHRI), the Council of Bars and Law Societies of Europe (CCBE), the Council of Europe, and the Organisation for Economic Co-operation and Development (OECD) as well as national and international civil society and journalists’ organisations.
The report also builds on a series of studies and reports, such as the Media Pluralism Monitor,Eurobarometer, or EU Justice Scoreboard.
How will the Commission support Member States in addressing challenges?
Several instruments and funding opportunities are already in place to support structural reforms through technical assistance and the funding of projects. For example, since 2017, the Commission has had a dedicated programme (Technical Support Instrument) for technical support for rule of law reforms in Member States. The support can take the form of expert- and fact-finding missions on the ground, sharing relevant best practices, diagnostic analyses, and the development and implementation of targeted solutions.
Moreover, the recommendations are meant to guide Member States to take measures to address particular concerns raised in the Report. The Commission stands ready to assist Member States in implementing them.
Other Commission programmes, such as those for Justice and Citizens, Equality, Rights and Values, also help Member States address challenges, including through calls for proposals open for civil society and other stakeholders.
The Commission has ensured that the Recovery and Resilience Facility is used to drive reforms necessary to address recommendations under the European Semester. The Member States’ Recovery and Resilience Plans include important reform priorities, such as improving the business environment through effective public administration and justice systems.
What is the Rule of Law Mechanism?
The European Rule of Law Mechanism provides a process for an annual dialogue between the European Parliament, the Council and the Commission, as well as with Member States, national parliaments, civil society and other stakeholders. The Rule of Law Report is the foundation of this process.
The Rule of Law Report, and the preparatory work with Member States, is an annual exercise of the Mechanism, and serves as a basis for discussions in the EU to prevent problems from emerging or deepening and identify and share best practices. Identifying challenges as soon as possible with mutual support from the Commission, other Member States, and stakeholders, including the Council of Europe and the Venice Commission, helps Member States safeguard and uphold the rule of law.
The European Rule of Law Mechanism is part of broader EU efforts to promote and defend its fundamental values. This work is also carried out through theEuropean Democracy Action Plan, the renewedStrategy for the Implementation of the Charter of Fundamental Rights, as well as targeted strategies to help build a Union of Equality.
How does the Annual Rule of Law Report relate to other procedures?
The annual Rule of Law Report is a preventive mechanism, aimed at improving the rule of law situation across the EU, raising awareness of challenges and facilitating solutions early on to prevent deterioration. It complements a number of other mechanisms and instruments at EU level, each with their own purpose.
When preparing the recommendations, the Commission has paid close attention to consistency and synergies with other processes, such as the European Semester, the General Conditionality Regulation and the national Recovery and Resilience Plans.
Article 7 of the Treaty on European Union (TEU)
The Article 7 TEU procedure remains an exceptional response instrument for the EU to act where there is a clear risk of a serious breach, or the existence of a serious and persistent breach, of the values of Article 2 TEU, including the rule of law.
Infringement procedures
Infringement procedures have a specific aim, namely to ensure the correct application of EU law by Member States. Under the Treaties, the Commission may take legal action against a Member State that fails to implement EU law by launching an infringement procedure and ultimately referring the matter to the Court of Justice.
Rule of law conditionality mechanism
The general regime of conditionality is a budgetary instrument designed to remedy adverse effects of breaches of the principles of the rule of law on the financial interests of the Union.
The Commission may take into account the Rule of Law Report, as well as other sources from other institutions (for instance, the European Anti-Fraud Office, the European Public Prosecutor’s Office, and the European Court of Auditors), when identifying and assessing breaches of the principles of the rule of law that affect the financial interests of the EU.
Recovery and Resilience Facility
The Commission has ensured that the Recovery and Resilience Facility is used to drive Member States’ reforms of the judiciary, anti-corruption frameworks, public administration and digitalisation of their justice systems to strengthen their investment climates.
The Cooperation and Verification Mechanism
When they joined the EU on 1 January 2007, Romania and Bulgaria still had progress to make in the fields of judicial reform, corruption and (for Bulgaria) organised crime. The Commission set up the Cooperation and Verification Mechanism (CVM) as a transitional measure to assist the two countries to remedy these shortcomings.
The scope of the new Rule of Law Mechanism is broader than the CVM, as it covers not only judicial reform and the fight against corruption, but also media freedom and pluralism as well as institutional checks and balances. TheCommunication on Strengthening the Rule of Lawstates that once the CVM ends, monitoring should continue under horizontal instruments. As such, the Rule of Law Mechanism provides the framework for taking these issues forward in the future.
The EU Justice Scoreboard
The EU Justice Scoreboard presents comparative data on the functioning of national justice systems. It is one of the sources of information which informs the Rule of Law Report, the Rule of Law Conditionality Mechanism, and the European Semester.
Source – EU Commission