Views: 53
The rule of law is crucial for both citizens and business in the EU: it is a precondition for the respect of other values and it guarantees that fundamental rights are upheld in line with a set of core democratic values; it ensures the application of EU law and supports an investment-friendly business environment. Commission regularly prepares “rule of law reports” covering legal developments: recent fifth annual report-2024 includes four key areas: justice systems, anti-corruption framework, media freedom and pluralism, as well as some institutional issues linked to checks and balances.
Background
The Rule of Law Report is a preventive tool and part of the annual Rule of Law Cycle. It complements other mechanisms and instruments at EU level, each with their own purpose and together constituting the so-called ‘EU Rule of Law Toolbox’. The rule of law is an integral part of the “EU’s identity”: hence, the EU institutions are closely monitoring common understanding of the EU law and its implementation at national level, helping to identify risks, develop possible solutions, as well as providing early target support in emergencies.
The aim of the report is to monitor and assess significant developments with regards to the state of the rule of law, both positive and negative. The 2024 report presents an assessment of the rule of law situation in the member states, including the follow-up to the recommendations made in 2023 and significant developments at the EU level since July 2023. It consists of a general report and individual country chapters on the EU states and, for the first time, on four enlargement countries. For the EU member states, the report also includes specific recommendations, aiming to further assist them in their efforts to take forward ongoing reforms and help them identify where improvements are needed.
Source: https://ec.europa.eu/commission/presscorner/detail/da/qanda_24_3865
The political guidelines for the 2024-2029 European Commission have further cemented that the rule of law is at the heart of a successful EU; thus, the Rule of Law Reports will continue to spearhead this work by including and broadening reporting to embrace key issues such as the Single Market dimension and building a closer link between the Rule of Law Report and its recommendations and funding under the EU budget.
Source: https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/upholding-rule-law/rule-law/rule-law-mechanism/2024-rule-law-report_en
Commission’s fifth annual Rule of Law Report (published this July), “examines systematically and objectively the rule of law developments in all EU states”; in comparison to the first issue of the Rule of Law Report in 2020, the member states (and the EU as a whole) are much better prepared to detect, prevent and address emerging challenges, which contributes to the states’ resilience and to mutual trust in the EU. It also contributes to a good functioning of the single market and benefits business environment that fosters competitiveness and sustainable growth.
Since its first publication in 2020, the reports have become “true drivers of positive reforms”, noted the Commission; thus about two thirds of the recommendations issued in 2023 have been, “fully or partially addressed”. However, in some EU states systematic concerns remain and the situation has further deteriorated; besides, in the 2024-report there are no recommendations for enlargement countries, i.e. recommendations for these countries are issued in the EU’s annual Enlargement Package.
More than 7 in 10 EU citizens agree that the EU plays an important role in helping to uphold the rule of law in their country, according to a Special Eurobarometer survey published this July. Besides, about 9 in 10 EU citizens consider important that all EU member states respect the core values of the EU, an opinion stable since 2019. In addition, the feeling of being informed about the EU’s fundamental values has improved significantly in many countries: overall, about half of the EU citizens feel well informed about the EU’s fundamental values and rule of law, compared to 43 percent in 2019.
Reference to Commission’s press release at: https://ec.europa.eu/commission/presscorner/detail/en/ip_24_3864
2024 Rule of Law Report
The 2024 Rule of Law Report examines “positive and negative developments” in all member states 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. It includes country chapters for all 27 states, which rely on a qualitative assessment carried out by the Commission, analyse new developments since the previous report and the follow-up to the challenges and developments identified in the previous edition.
Since 2022, the reports include concrete recommendations to all EU member states; the analysis in the 2024 Report therefore also contains a qualitative assessment of the progress made by the states towards implementing the 2023 recommendations. The 2024 recommendations either build on last year’s recommendations, depending on the progress made, or address new challenges. The recommendations aim to further assist the EU states in their efforts to take forward ongoing reforms and help them identify where improvements are needed.
The Commission has prepared this Report based on continued dialogue with the national authorities and in consultation with stakeholders across the EU, while fully preserving political responsibility for its assessment and the recommendations issued. The next edition will follow-up on the developments and will continue to assess the implementation of the recommendations.
For the first time, the 2024 Report also includes country chapters on four enlargement countries (Albania, Montenegro, North Macedonia and Serbia). Their inclusion will support these countries’ reform efforts to achieve irreversible progress on democracy and the rule of law ahead of accession, and to guarantee that high standards will continue after accession.
See “implementing EU law” in: https://commission.europa.eu/law/application-eu-law/implementing-eu-law_en
Report-2024: some key findings
= Justice reforms have continued to be high on the political agenda over the last year, with many states implementing reforms agreed in the context of the Recovery and Resilience Facility, RRF. Several EU states have initiated or further progressed with important reforms to strengthen judicial independence. They have undertaken legislative efforts to strengthen the independence and effectiveness of Councils of the Judiciary, to improve judicial appointment procedures, including regarding their highest courts, or to strengthen the autonomy of prosecution services. At the same time, some systemic concerns as regards judicial independence persist and specific cases of deterioration have been observed. Some states also introduced measures to improve the efficiency and quality of justice, as well as to facilitate access to justice. However, in several states, remuneration of judges and prosecutors is a concern and has led to challenges to recruit qualified judicial personnel.
Finally, the 2024-report recommends the EU states to address challenges such as the need for safeguards in judicial appointment procedures for both judges at lower instance courts and at high-level positions, the autonomy of the prosecution service or the need to provide adequate resources for the judiciary, including salaries’ issue.
= Corruption remains a serious concern for citizens and businesses in the EU: special Eurobarometer shows that Europeans remain concerned about national governments’ efforts to address corruption: 65% of citizens believe that high-level corruption cases are not sufficiently pursued, and only 30% think that government efforts to combat corruption are effective. Similarly, 51% of EU-based companies think that people or businesses engaging in corrupt practices are caught by or reported to the authorities. Of these companies, around three quarters think that too close links between business and politics lead to corruption (79%) and that favoritism and corruption undermine business competition (74%). Across the EU, an average of 68% of citizens and 64% of EU-based companies consider corruption to be widespread in their states.
On special Eurobarometer in: https://europa.eu/eurobarometer/surveys/detail/3217
= Institutional checks and balances is a vital outcome of the report: the EU states continued to improve the quality of their legislative processes: e.g. some states “bolstered status and resources of National Human Rights institutions, ombudspersons and other independent authorities”, the report noted. Initiatives to reinforce the framework for and funding of civil society have also continued in several states.
However, challenges remain, such as the excessive use of accelerated procedures or the overall quality of law-making, as well as in consultation of stakeholders. Civil society and human rights defenders have increasingly faced challenges, legal restrictions and attacks, including systemic restrictions to their operations in certain states; this worrying trend was already noted in the previous report. To address the issues, the Commission issued recommendations related to the functioning of the legislative process, the establishment and functioning of independent authorities and the enabling environment for civil society.
In the enlargement countries, challenges remain regarding the systematic follow-up to recommendations of Ombudsperson institutions and other independent bodies. Challenges are also observed in relation to the quality of law-making and stakeholder consultations.
Note. Recommendations for the EU member states can be found in: https://commission.europa.eu/document/download/40d0f293-3047-4242-8c08-5101b8c09ff7_en?filename=4_1_58125_comm_recomm_en.pdf