Basic information

2023/2113(INI) Procedure completed

INI - Own-initiative procedure

Report on the Commission’s 2023 Rule of Law report

Subject

8.30.10 Principles common to the Member States, EU values

Key players

European Committee responsible Rapporteur Appointed

Parliament

LIBE Civil Liberties, Justice and Home Affairs IN 'T VELD Sophia (Renew) 29/08/2023

Shadow rapporteur

MANDL Lukas (EPP)

ENGERER Cyrus (S&D)

RIBA I GINER Diana (Greens

/EFA)

TERHE Cristian (ECR)

PELLETIER Anne-Sophie
(The Left)

Committee for opinion Rapporteur for opinion Appointed

JURI Legal Affairs VÁZQUEZ LÁZARA Adrián 18/09/2023

(Associated committee) (Renew)

European Commission DG Commissioner

Commission
Justice and Consumers REYNDERS Didier

Key events

Date Event Reference Summary

12/07/2023 Committee referral announced in Parliament

12/07/2023 Referral to associated committees announced in Parliament

23/01/2024 Vote in committee

01/02/2024 Committee report tabled for plenary A9-0025/2024 Summary

28/02/2024 Decision by Parliament T9-0108/2024 Summary

28/02/2024 Results of vote in Parliament

 28/02/2024 Debate in Parliament CRE link

Technical information

Procedure reference 2023/2113(INI)

Procedure type INI - Own-initiative procedure

Procedure subtype Initiative

Legal basis Rules of Procedure EP 57_o

Rules of Procedure EP 55

Stage reached in procedure Procedure completed

Committee dossier LIBE/9/12585

Documentation gateway

European Parliament

Document type Committee Reference Date Summary

Committee draft report PE754.695 26/10/2023

Amendments tabled in committee PE756.303 23/11/2023

Committee opinion JURI PE754.755 29/11/2023

Committee report tabled for plenary, single reading A9-0025/2024 01/02/2024 Summary

Text adopted by Parliament, single reading T9-0108/2024 28/02/2024 Summary

European Commission

Document type Reference Date Summary

Commission response to text adopted in plenary SP(2024)386 08/08/2024

Meetings with interest representatives published in line with the Rules of Procedure
Rapporteurs, Shadow Rapporteurs and Committee Chairs

Name Role Committee Date Interest representatives

MANDL Lukas Shadow rapporteur LIBE 17/11/2023 Wirtschaftskammer Österreich

Report on the Commission’s 2023 Rule of Law report

2023/2113(INI) - 28/02/2024 - Text adopted by Parliament, single reading

The European Parliament adopted by 374 votes to 113, 45 abstentions, a resolution on the Commission’s 2023 Rule of Law report.

The Rule of Law report as a tool

Members welcomed the rule of law report as a crucial cornerstone of the EU rule of law toolbox. They are concerned that the Commission, in its effort
to be factual and even-handed, sometimes ends up being too diplomatic and imprecise when identifying rule of law problems in Member States.
They called on the Commission to make it clear that when the values enshrined in Article 2 of the EU Treaty are systematically, deliberately and
seriously flouted over a period of time, Member States may no longer fulfil all the criteria that define a democracy.

Justice and prosecutorial systems

The resolution stated that an independent judiciary is the backbone of the rule of law. Members expressed the importance of mutual trust, while also
underlining that the Commission cannot ignore the shortcomings of national judicial authorities in some Member States. While some judicial systems
may look robust and satisfactory on paper, in some cases they are not immune to state capture, political interference or nepotism.

The resolution noted that the Commission finds wide disparities between EU Member States in terms of judicial independence and safeguards.
According to the Commission, concerns on the Councils for the Judiciary still have to be addressed in Poland, Slovakia, Bulgaria, Spain and Cyprus.
Disciplinary proceedings may be used as a means of curtailing judicial independence, as is the case in Bulgaria. Challenges persist in appointing high-
level judges in Malta, Greece, Lithuania, Latvia and Ireland.

Members underlined that the judiciary should be allocated sufficient means to be truly accessible and able to provide an effective remedy to citizens.
Member States should do more to provide free of charge or affordable legal aid, in particular for those unable to afford such aid themselves, and
should further facilitate access to a lawyer. The importance of guaranteeing the autonomy and accountability of the prosecution service was
highlighted.

Corruption

Parliament called on the Member States and the Commission to increase their efforts to eradicate corruption. Members regret that, despite all Member
States having anti-corruption strategies in place, perceptions of corruption vary greatly across the EU, with Denmark, Finland, Sweden and the
Netherlands ranking among the least corrupt, while the perceived levels of corruption in Bulgaria, Malta, Hungary, Greece and Slovenia are worrying.
Parliament condemned the fact that Malta continues to operate its citizenship by investment (CBI) scheme, which brings a major risk of corruption and
other crimes.

Members acknowledged the important role of the European Public Prosecutor’s Office (EPPO) in safeguarding the rule of law and in combating
corruption in the Union and called on the Member States that have not yet done so to join the EPPO.

Stressing that corruption and money laundering are intrinsically linked, Members considered that it is necessary to strengthen the EU’s anti-fraud
architecture with a view to protecting of the EU’s financial interests.

Media pluralism and media freedom

The resolution highlighted that without media pluralism and media freedom, democratic life and the rule of law cannot survive. The European
institutions are encouraged to finally adopt and implement a robust and ambitious Media Freedom Act to ensure the harmonisation of transparency of
media ownership legislation at EU level. Members stressed the importance of the editorial independence of public service media as well as the need to
establish safeguards against internal and external interferences.

Protection of journalists

Parliament recalled that independent journalism is a vital element of the democratic rule of law. It expressed concerns at the deliberate attempts of
several governments and economic powers to silence journalists who are exposing wrongdoing. It called on Member States to adopt domestic anti-
SLAPP measures to protect journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court
proceedings.

Transparency and access to information

The EU institutions are called on to show exemplary behaviour when it comes to access to information and documents. Member States are
encouraged to regulate lobbying, such as by introducing national mandatory transparency registers for all politicians, members and officials of
governments, authorities and agencies.

The legitimate use of force by police

Parliament is deeply concerned about the fact that many instances of disproportionate use of force against demonstrators continue to be reported
across the EU. It stressed that the French police are more heavily armed than most other police forces elsewhere in the EU and is concerned about
the fact that law enforcement authorities in France also carry out arbitrary detentions of demonstrators, which constitutes a violation of the right to
liberty, as most detainees are released within a few hours without any charges.

Equality, non-discrimination and pluralism

Members stressed the necessity to fight against all types of discrimination, hate speech and crimes specifically targeting minority groups and members
of national, ethnic, linguistic and religious minorities. They called on the Commission to include a specific new pillar on this in the next report, mapping
all forms of xenophobia, racism, antisemitism, islamophobia, anti-gypsyism, LGBTIQ-phobia, hate speech and discrimination across all Member States.

Parliament also acknowledged the crucial role civil society and a healthy civic space play in upholding and protecting the rule of law, and reiterated its
call for a separate chapter to be dedicated to the condition of civil society in Member States.

Enforcement of EU law

Members strongly regret the fact that the Commission is not taking stronger action to enforce EU law. Therefore, they called on the Commission to step
up the number of new infringement procedures and to push forward existing infringement procedures with more audacity and urgency.

Report on the Commission’s 2023 Rule of Law report

2023/2113(INI) - 01/02/2024 - Committee report tabled for plenary, single reading

The Committee on Civil Liberties, Justice and Home Affairs adopted the own-initiative report by Sophia IN 'T VELD (Renew, NL) on the Commission’s
2023 Rule of Law report.

The 2023 Rule of Law Report examines developments across all Member States, both positive and negative, in four key areas for the rule of law: the
justice system, the anti-corruption framework, media pluralism and freedom, and other institutional issues related to checks and balances.
The Rule of Law report as a tool

Members welcomed the rule of law report as a crucial cornerstone of the EU rule of law toolbox and commended the Commission for delivering a
diligently researched and well-written report. They recognised that the rule of law report has become a benchmark for the EU institutions’ work on rule
of law issues in the EU and in specific Member States. On the other hand, the committee is concerned that the Commission, in its effort to be factual
and even-handed, sometimes ends up being too diplomatic and imprecise when identifying rule of law problems in Member States.

The report regretted that the Commission and the Council have so far rejected Parliament’s offer to enter into an interinstitutional agreement on
democracy, the rule of law and fundamental rights. It reaffirms its willingness to resume talks on this agreement.

Justice and prosecutorial systems

The report stated that an independent judiciary is the backbone of the rule of law, as it is a precondition for an effective remedy when laws, rights,
freedoms and democratic principles are withheld or violated. It underlined that an independent and effective judiciary is not only vital in maintaining the
rule of law and democracy in the Member States and the Union, but it is also key in implementing EU law, given that the Commission relies on the
national judicial authorities to enforce EU law. Members expressed the importance of mutual trust, while also underlining that the Commission cannot
ignore the shortcomings of national judicial authorities in some Member States or assume that they are all able to provide effective judicial remedies.
While some judicial systems may look robust and satisfactory on paper, in some cases they are not immune to state capture, political interference or
nepotism.

The report noted that the Commission finds wide disparities between EU Member States in terms of judicial independence and safeguards. The report
stated that for citizens to have effective access to justice, the Member States should do more to provide free of charge or affordable legal aid, in
particular for those unable to afford such aid themselves, and should further facilitate access to a lawyer.

Moreover, Members highlighted the importance of guaranteeing the autonomy and accountability of the prosecution service. They stressed the
need for safeguards to be put in place to help preserve the autonomy and accountability of the prosecution service, including ensuring that it is free
from undue political pressure, especially from the government.

Corruption

The report reiterated that corruption is a serious threat to the rule of law and severely undermines trust in democracy and equality before the law. It
called on the Member States and the Commission to increase their efforts to eradicate corruption. Members regret that, despite all Member States
having anti-corruption strategies in place, perceptions of corruption vary greatly across the EU, with Denmark, Finland, Sweden and the
Netherlands ranking among the least corrupt, while the perceived levels of corruption in Bulgaria, Malta, Hungary, Greece and Slovenia are worrying.

The committee acknowledges the important role of the European Public Prosecutor’s Office (EPPO) in safeguarding the rule of law and in combating
corruption in the Union. In this regard, it encouraged the Commission to closely monitor Member States’ level of cooperation with the EPPO in
subsequent reports. Member States that have not yet done so are urged to join the EPPO.

Members considered that by strengthening the EU’s anti-fraud architecture and increasing transparency in the European institutions can the protection
of the EU’s financial interests be effectively and efficiently pursued and strengthened.

Media pluralism and media freedom

The report highlighted that without media pluralism and media freedom, democratic life and the rule of law cannot survive. The European institutions
are encouraged to finally adopt and implement a robust and ambitious Media Freedom Act to ensure the harmonisation of transparency of media
ownership legislation at EU level.

The Council and the Commission are called on to provide adequate funding for independent and European-wide quality journalism at national, regional
and local levels.

Protection of journalists

Members recalled that independent journalism is a vital element of the democratic rule of law as part of the essential checks and balances and an
element of public scrutiny. They expressed concerns at the deliberate attempts of several governments and economic powers to silence journalists
who are exposing wrongdoing. They also stressed that unwarranted interference and pressure, fear and self-censorship have a chilling effect on the
exercise of journalistic freedom of expression.

Transparency and access to information

The report regretted the continuous difficulties that many citizens, journalists and parliamentarians in many Member States face in obtaining
information and access to documents. It underlines that, too often, public authorities deliberately frustrate access to information and documents, such
as by disproportionately delaying decisions or giving only artificial access by making information only partially available.

The EU institutions are called on to show exemplary behaviour when it comes to access to information and documents.

Member States are encouraged to regulate lobbying, such as by introducing national mandatory transparency registers for all politicians, members and
officials of governments, authorities and agencies.

Enforcement of EU law

Members strongly regret the fact that the Commission is not taking stronger action to enforce EU law. Therefore, they called on the Commission to step
up the number of new infringement procedures and to push forward existing infringement procedures with more audacity and urgency.