The rule of law in the EU remains in peril, MEPs say

This article is brought to you in association with the European Parliament.

• Threats to the rule of law and all European values persist or are getting worse 
• Comprehensive assessment by MEPs and concrete proposals across all areas 
• MEPs call for robust and effective action by EU countries and the Commission 

Parliament’s draft assessment of the Commission’s 2024 Rule of Law Report paints a worrying picture about the state of European values.

The report endorsed by the Committee on Civil Liberties with 50 votes in favour, 18 against, and four abstentions, takes stock of the Commission’s 2024 Rule of Law Report as well as developments across the member states. MEPs call firmer, more consistent enforcement of democratic principles by both member states and the Commission. To prevent backsliding, they ask for an “ever more comprehensive toolbox”, complemented by a “smart conditionality” mechanism to ensure that the suspension of EU funds cannot be misused against civil society and local authorities. They reiterate the call for a fully-fledged mechanism to protect and enforce EU values in their entirety, while proposing methodological improvements to the Commission’s annual exercise.

Worrying trends and persistent issues

Among worrying developments identified this year, MEPs point to restrictions to the right of assembly and a rapidly shrinking civic space. They underline the need for independent, effective judicial systems with highly qualified personnel, and stress the importance of assessing ongoing reforms in member states, while also condemning interference in corruption investigations and the misuse of judicial systems for political ends. MEPs call for better protection of vulnerable groups against discrimination, including EU-wide legislation criminalising hate crime and hate speech. They also highlight the obligation to uphold the international legal order and implement binding court decisions: member states need to ensure national judges’ access to the Court of Justice of the EU, apply its jurisprudence in full, and enforce the orders of the International Criminal Court.

The report further raises:

• the need for more robust anti-corruption efforts at all levels,;
• a call for more transparency in interest representation, including new or improved mandatory registers and legislative footprint mechanisms;
• threats to media freedom and pluralism, especially SLAPPs and spyware;
• the spread of disinformation undermining democracy;
• persistent and new threats to equality for vulnerable groups (especially discriminatory measures against LGBTIQ persons) and the Commission’s intention to withdraw the Horizontal Equal Treatment Directive;
• the need for access to safe, legal abortion to be enshrined in the Charter of Fundamental Rights of the EU;
• the rise of extremism, threats to electoral processes, and the use of technology to curtail democratic rights; and
• the deteriorating situation in Hungary.

MEPs also call for a stronger mandate for the European Public Prosecutor’s Office and urge the Commission to apply conditionality mechanisms more readily.

Quote

Rapporteur Ana Catarina Mendes (S&D, Portugal) commented: “For the Union to deliver on its promise of rule of law freedom and fundamental rights for every person living in Europe, we need to strengthen our ability to monitor and act on backsliding in the rule of law and all European values. However, we see that some political forces are willing to renege on these values for short-term political gain, undermining not only the fundamental rights of vulnerable groups but also the rule of law mechanisms that protect them and support our entire societies. It is high time that we act responsibly and in line with our proudest democratic traditions, because it is becoming increasingly clear that everything is at stake.”

Next steps

The report is expected to be debated and voted on in the 16 – 19 June plenary session in Strasbourg, in anticipation of the upcoming 2025 Rule of Law Report by the Commission.