What changed

SUGGESTIONS

Follow up to the European Parliament non-legislative resolution on the Commission’s 2023 Rule of Law Report

The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggestions into its motion for a resolution:

Rapporteur: Sophia in ‘t Veld (Renew / NL)

General

Reference numbers: 2023/2113 (INI) / A9-0025/2024 / P9_TA(2024)0108

1. Recalls that the Union’s legal structure is based on the fundamental premise that each Member State shares with all the other Member States a set of common values on which the EU is founded, as stated in Article 2 of the Treaty on European Union; recalls further that the rule of law, as enshrined in EU primary law and further defined in the case-law of the Court of Justice of the European Union (CJEU), is akin to democracy and fundamental rights; recalls that the rule of law and the rules-based international order are key to fighting the spread of authoritarian regimes and the violation of international law and help to consolidate democratic structures and protect human rights; stresses that any backsliding on the rule of law, which is based on the separation and balancing of powers, in any given Member State significantly affects the common area of freedom, security and justice, as well as mutual trust and mutual recognition as leading principles of EU law in this area;

Date of adoption of the resolution: 28 February 2024

2. Welcomes the Commission’s fourth Rule of Law Report (‘the Report’) and considers that the periodic review of the rule of law is an essential monitoring tool; stresses, in this context, the importance of the use of clear and objective criteria by the Commission when providing its assessment, thereby avoiding claims of unequal treatment of Member States or the use of selective data only; welcomes, in this regard, the Commission’s approach to receive Member States’ contributions, thereby fostering a common dialogue; welcomes the new classification adopted by the Commission as regards measuring progress on past recommendations, with four categories: (a) no progress, (b) some progress, (c) significant progress, and (d) full implementation; in view of the problems involved in the gathering of statistical data by Member States, points out the usefulness of Council of Europe tools such as the Council of Europe’s European Commission for the Efficiency of Justice (CEPEJ) reports, thereby creating, as far as possible, convergence between the different data inputs;

Competent Parliamentary Committee: Committee on Civil Liberties, Justice and Home Affairs (LIBE)

Justice

Brief analysis/ assessment of the resolution and requests made in it:

3. Acknowledges the importance attached to justice systems by the rule of law reporting, particularly as regards the legality, independence and impartiality of judges and judicial appointments, promotions, dismissals and decisions; acknowledges that no common EU system of nomination of judges exists; recalls, however, that all Member States have to adhere to Council of Europe and CJEU minimum standards; stresses, in this context, the importance of independent councils of the judiciary, which must be composed by a substantial majority of judges elected by their peers and empowered with substantial authority over the selection, advancement and disciplinary procedures concerning judges; deeply regrets that not all Member States have fulfilled their obligations fully in this regard; deplores the devastating effect this has on the independence and integrity of their justice systems;

The resolution responds to the Commission’s 2023 Rule of Law Report published in July 2023 through a detailed discussion of its four pillars. It welcomes the report, including the country chapters and the country-specific recommendations, but criticises the fact that the recommendations made in Parliament’s previous resolutions have not been fully addressed. In terms of scope, the Parliament reiterates its call for the report to cover all values enshrined in Article 2 of the Treaty on the European Union (TEU), and separate chapters on equality and non-discrimination, civic space and the Union’s institutions. It also asks for the report to include missing elements of the Venice Commission 2016 Rule of Law checklist such as the prevention of abuse of powers, equality before the law and non-discrimination. Furthermore, the resolution calls on the Commission to closely monitor the Member States’ level of cooperation with the European Public Prosecutor’s Office (EPPO), to include an assessment of the application of the EU acquis on legal aid in civil and criminal matters as well as the implementation of European Court of Human Rights (ECtHR) as well as European Court of Justice (CJEU) rulings at national level by means of a scoreboard. The resolution calls on the Commission to put in place dedicated country-specific monitoring and recommendations related to Member States’ unlawful use of spyware in the rule of law report. Finally, it calls on the Commission to give the economic dimension greater consideration and specific attention in the rule of law report, notably highlighting the impact on competitiveness and the single market.

4. Acknowledges that almost two thirds of the recommendations issued in 2022 related to important reforms have been followed up to some extent; is concerned, however, by the number of issues identified in previous rule of law reports that remain unaddressed; urges the Commission to persist in its diligent monitoring of Member States’ legal frameworks in order to assess their alignment with the above-mentioned recommendations, and further calls on the Commission to become more insistent on the implementation of these critical reforms in cases where Member States’ systems do not meet the prescribed standards; calls on the Commission to take further steps to fully address the recommendations made by Parliament in its previous resolutions;

In terms of methodology, the Parliament calls on the Commission to deepen its participation in debates at national level, invest more in awareness raising and devote more time to on-site, country visits. While welcoming the recommendations, the resolution regrets that they are not binding and asks that they are assessed in the upcoming report with specific benchmarks and a clear timeline for implementation. The resolution also asks that there is a clear link between the concerns expressed and the recommendations put forward. Furthermore, the Parliament reiterates its outstanding calls on the differentiation between systemic and individual breaches, the need for a direct link between the report and the activation of other instruments (such as Article 7 TEU, the Conditionality Regulation, or infringement procedures) and the involvement of a panel of independent experts. It calls on the Commission to include strictly monitor and safeguard the democracy, rule of law and fundamental rights conditions in all budgetary instruments and processes and to assign the primary responsibility for the application of these conditions to the Commissioners responsible for the rule of law. It also calls on the Commission to strengthen the enforcement of EU fundamental rights and to take action regarding failures to implement CJEU judgments under Article 260(2) TFEU and the Conditionality Regulation in cases of non-compliance. Finally, the resolution regrets the lack of meaningful progress in the Council on the Article 7 TEU procedures.

5. Welcomes the continuous support which is provided to relevant stakeholders via dedicated programmes, such as the Citizens, Equality, Rights and Values Programme; welcomes the funding through the Justice Programme to support judicial cooperation in civil and criminal matters and to contribute to the further development of European justice, which involves strengthening democracy, the rule of law and fundamental rights;

Response to the requests in the resolution and overview of the action taken, or intended to be taken, by the Commission:

6. Urges the Commission to invest more in awareness-raising about the Union’s values and applicable tools, including the annual report, especially in countries where there are serious concerns;

The Commission welcomes the Parliament’s resolution and fully shares its objectives for promoting, protecting, and reinforcing Union values, in accordance with Article 2 TEU. The Commission has given the resolution careful consideration. Many elements reflect the approach it is pursuing with its annual Rule of Law Report. The Commission looks forward to continuing the dialogue with the European Parliament based on the 2024 Rule of Law Report, which is set to be adopted in July 2024. The Commission also welcomes the country-specific elements included in the resolution.

7. Acknowledges that a certain degree of progress can be seen in the last report in a number of different Member States as regards judicial independence; welcomes, in this regard, the withholding of EU funds, if necessary, under the conditionality mechanism, as confirmed by the CJEU, or under the Recovery and Resilience Facility; points out, however, that infringements of judicial independence are still a concern in some Member States, such as ongoing disciplinary procedures against judges for the content of their decisions, problems with the composition of councils of the judiciary and with the composition of the highest national courts in view of the principle of a court established by law, etc.;

The Commission welcomes the close cooperation with the European Parliament. It has participated at Commissioner level to various hearings and meetings organised in the context of the pilot on democracy, the rule of law and fundamental rights, including an exchange within the Democracy, Rule of Law and Fundamental Rights Monitoring Group on the Member States under review in the Council’s Rule of Law dialogue in November 2023. As regards the proposed inter-institutional agreement on the work between the institutions (paragraphs 92 and 93), while such an agreement could help to frame further the discussion, the formalisation could be difficult to negotiate, with the risk that discussions focus on procedure rather than substance. For that reason, the Commission’s preference at this stage remains to make the most of the interinstitutional cooperation framework as it stands, fully using its potential for further development. However, the Commission is open to setting up an informal contact group, where Commission representatives would be available to conduct regular discussions with Members of Parliament and where the Presidency of the Council and relevant Member States could also be invited.

8. Recalls that an efficient and fair justice system ensuring access to justice for all requires an appropriate budget and financing of judiciary bodies; regrets that the report still reveals the existence of serious deficiencies in this regard, specifically hampering, it would appear the adjudication of high-profile corruption cases; stresses, however, that sufficient legal aid and remedies have to be available also to citizens; calls, in this context, on the Commission to include in the next rule of law report assessments of the application of the EU acquis on legal aid in civil and criminal matters, such as Council Directive 2003/8/EC of 27 January 2023 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes, as CJEU case-law reveals that there are still questions about its interpretation;

Regarding the general scope of the Rule of Law Report, the Commission underlines that it is already covering four broad important areas of systemic importance: national justice systems, anti-corruption frameworks, media pluralism and media freedom and other institutional issues related to checks and balances. Since 2022, new elements such as public service media, the response of national checks and balances to the use of intrusive surveillance software, and the implementation of ECtHR judgments have been added to the original topics covered by the first report, also following calls of the European Parliament. Furthermore, the Commission adopts annual reports monitoring the application of EU law (paragraph 79). Access to justice, including legal aid, is also an issue covered under the Rule of Law Report and assessed in light of European standards (paragraph 6). In addition, the Commission fully agrees that the EPPO plays a key role in safeguarding the rule of law and combating corruption in the Union. It has also taken due note of the Parliament’s request to look into the degree of cooperation between the Member States and the EPPO (paragraph 18), which is a topic that is already covered within the scope of the Rule of Law Report. The Commission, like the Parliament, welcomes Poland’s participation in the EPPO, which was confirmed by means of a Commission decision adopted on 29 February 2024. Furthermore, the Commission welcomes the support for its proposal for a Directive on combating corruption and agrees that corruption and money laundering are linked, also as enablers of organised crime (paragraphs 21 and 22). As mentioned in the Joint Communication on the fight against corruption the Commission continues discussing with the other institutions the possibility of moving towards full participation of the EU in the Group of States against Corruption (GRECO) (paragraph 15).

9. Recalls that also prosecution services, regardless of their place in the national system of the division of powers between three branches of government, have to be independent of undue political pressure; notes that a certain degree of progress has been achieved in some Member States; regrets, however, that systems still exist where the government can issue binding decisions to prosecutors in particular cases, where the term of office is bound to a political process, or where the functions of minister and prosecutor general are combined, thus allowing for undue political influence and creating problems for mutual recognition;

The Commission fully agrees with the Parliament's condemnation of illegal surveillance, especially through the use of intrusive surveillance software (paragraph 18). To respond to this practice in the case of journalists, the European Media Freedom Act (paragraph 26) introduces robust protections for media service providers, including journalists, against intrusive surveillance software. This includes a general prohibition on the use of such software in Article 4, with narrowly defined exceptions for serious criminal investigations, under strict conditions, including as a measure of last resort. This significant legislative step demonstrates the Commission’s commitment to safeguarding journalistic freedom but also to upholding the fundamental rights against the misuse of spyware within the EU. The Commission is also working on a non-legislative initiative clarifying the interplay between EU law, in particular data protection and privacy acquis, and national security in the context of the use of intrusive surveillance software. Where relevant, this issue is also covered in the Rule of Law reports, notably as regards the functioning of national checks and balances.

10. Underlines, in particular, that the issue of ‘revolving doors’ is not confined solely to concerns about former ministers transitioning into the private sector after their tenure in public office, but extends to situations where individuals may assume critical roles within the judiciary or the prosecutor’s office immediately following their service as ministers or affiliation with a political party;

As regards expanding the scope of the report to all values under Article 2 TEU (paragraph 82), the Commission points out that the report represents one element of a broader endeavour at EU level to strengthen the founding EU values, including democracy, equality, and respect for human rights. The report is complemented by a set of other initiatives in the areas of democracy and fundamental rights (including the European Democracy Action Plan, the Defence of Democracy Package, the Strategy to strengthen the application of the Charter of Fundamental Rights in the EU with its thematic annual reports, and targeted strategies to address the needs and challenges of specific groups of rights holders). As regards other elements of the Venice Commission 2016 Rule of Law checklist (paragraph 82), the methodology of the Rule of Law Report explicitly notes that this checklist provides an important source of standards and can be a tool to help identify specific risks and weaknesses. Concerning the Parliament’s call to add a new pillar on the fight against all types of discrimination (paragraph 59), the Commission would like to point out that the Rule of Law Report already covers the situation of Equality bodies and civic space, including for civil society organisations (CSOs) active in the area of discrimination. Furthermore, under the ‘Union of Equality’, strategies and action plans the Commission issues regular report and monitors Member States’ actions in a number of relevant areas (gender equality, the fight against racism, Roma equality, LGBTIQ, disability).

11. Calls on the Commission to give due consideration to such examples in its forthcoming reports addressing the rule of law within the European Union; urges the Commission to strongly call on Member States to refrain from these practices, specifically, by implementing legal provisions that proactively prevent former ministers and high-ranking political figures from assuming leadership positions within the high courts of justice or the prosecutor’s office, thereby safeguarding the independence and integrity of these vital institutions;

The Commission has not hesitated to act, as guardian of the Treaties, in cases of violation of EU law, including the Charter of Fundamental Rights, and will continue to do so, including through infringement proceedings (paragraph 62). Under the Common Provisions Regulation (CPR) CSOs and rights defenders can be entrusted with tasks throughout the preparation, implementation, and evaluation of programmes, including the participation in the committee in charge of monitoring the implementation of funding programmes where a balanced representation of the partners concerned shall be ensured. Under that legislation, Member States must put in place effective mechanisms to ensure that EU funded programmes are conceived and implemented in compliance with the relevant provisions of the Charter. This is part of the horizontal enabling condition on the effective application and implementation of the Charter (the ‘horizontal enabling condition’). Together, these instruments illustrate the Commission’s comprehensive approach, based on a several dedicated instruments, to promoting and safeguarding the values of democracy, the rule of law and respect for fundamental rights.

Fight against corruption

Concerning the request to dedicate to civic space a separate pillar including country recommendations (paragraph 47), the Commission notes that the assessment of developments related to the framework for civil society has continuously been deepened throughout successive editions of the report. The report covers i.e. issues related to funding (paragraph 48), the legal framework, participation in policy and decision-making and a free and safe operating environment for civil society organisations and human rights defenders, including, where relevant, the potential chilling effects of measures affecting those actors. Several recommendations related to the framework for civil society have been addressed to Member States in the 2022 and 2023 Report and the Commission will follow-up on their implementation in the 2024 Report.

12. Recalls that the fight against corruption is essential to maintaining the rule of law and preserving and fostering citizens’ trust in public institutions; recalls, further, that to be effective, it requires a robust legal and administrative anti-corruption framework based on integrity, transparency and accountability, namely in public life, stressing the disclosure of declarations of interests and the protection of whistle-blowers where applicable;

The Commission fully agrees with the Parliament with regard to the importance of CSOs, which must be able to operate in an open, secure and safe environment that is free from all acts of intimidation, harassment and reprisals. Following up to the Report on the application of the Charter of Fundamental Rights on civic space, in 2023, the Commission engaged with all the relevant actors by launching a series of thematic seminars on safeguarding civic space culminated in a high-level event co-organised with the Spanish Presidency. As a result, actions were identified at EU and national level and the Commission will reflect on them. For several years now the Commission has developed a dedicated policy work strand aimed at ensuring that independent civil society organisations, human rights defenders, national human rights institutions and equality bodies works in an enabling environment, where they are protected, supported and effectively engaged with. The Commission has also increased the budget available under Union funds, in particular as part of the Citizens Equality Rights and Values (CERV) programme, to support civil society organisations and human rights defenders, through innovative approaches including re-granting schemes. To foster citizens and civil society organisations’ participation to the public policy making in the Member States, in December 2023, the Commission has adopted a Recommendation on civic engagement. As regards the request to include a chapter on Union institutions (paragraph 15), there are currently no plans to change the structure of the report. In particular, such a chapter within the current report would require the Commission to report on itself, which would raise concerns in terms of legitimacy.

13. States that corruption is a menace that can destroy democracies and undermine citizens’ trust in institutions, and has to be combated in all its forms; points out that corruption is the most common avenue by which organised crime infiltrates and controls the economy; is worried that the latest Report shows either no or only very slow progress in relation to anti-corruption prevention measures in several Member States; is extremely worried about the reluctance to establish registers of lobbyists, transparency registers and proper systems of asset declarations by public office holders and senior officials, as well as about the lack of political will to introduce strict rules within revolving doors policies; highlights, in this context, the importance of a transparent legislative procedure with far-reaching access to documents, and rules to ensure the highest degree of transparency and accountability in public administrations and public decision-making with a view to preventing corruption;

On 27 April 2022, as announced in the European Democracy Action Plan, the Commission presented a proposal for a directive and adopted a Commission recommendation to improve the protection of journalists, human rights defenders, and others from manifestly unfounded or abusive court proceedings (paragraph 33). In November 2023, the EU co-legislators reached a political agreement on the directive and its formal adoption is expected in spring 2024. Together, the directive and the recommendation provide a solid toolbox of safeguards and measures to fight against Strategic Lawsuit Against Public Participation (SLAPPs) in the EU. Once the directive has entered into force, Member States will have two years to transpose it into their national law. The directive provides only for minimum harmonization and Member States can provide better protection against SLAPPs under their national law. The Commission’s priority will be to ensure correct and timely transposition of the directive. While it only applies to cross-border SLAPP-cases because of its legal basis, the Commission strongly encourages Member States to extend the protection against SLAPPs to domestic cases in their national transposition measures in line with what already stated in the recommendation. The recommendation encourages the Member States to modify their applicable frameworks and adopt measures regarding training, awareness-raising and support mechanisms in the fight against SLAPP cases. The Member States should transmit a report to the Commission on the implementation of this recommendation containing aggregated data consolidated at Member States’ level. The Commission will publish a yearly summary of the received contributions.

14. Calls, in this context, also for all EU institutions to adhere to the highest possible standards with a view to the prevention of corruption, such as, inter alia, the creation of an effective EU Ethics Body, the full application of Regulation 1049/2001 on access to documents, and the full application of the conditionality principle as regards the EU Transparency Register; calls on the Member States to try to reach an agreement as soon as possible on the proposed directive on combating corruption with a view to establishing a common, homogeneous framework of codes of conduct, standards preventing conflicts of interest and rules ensuring the transparency of procedures;

The Commission is satisfied that, in March, the European Parliament has shown overwhelming support for the European Media Freedom Act (paragraph 26), formally adopted on 26 March 2024. The Commission continues to closely monitor the implementation by the Member States of the Audio-Visual Media Services Directive (paragraph 27), including its Article 30, not least via scrutiny of relevant overlaps in the media freedom pillar of the Commission’s rule of law report.

15. Recognises the substantial increase in recent years in the quantitative significance of funds allocated by the European Union, including the NextGenerationEU funds; acknowledges that, as a result, the presence of legal provisions within Member States’ legislation designed to prevent the misuse of these funds has assumed the utmost importance;

The Commission is working closely with the Fundamental Rights Agency (FRA) in the context of the Rule of Law Report (paragraph 84). Since 2022, the Commission has developed a new approach with dedicated national rule of law dialogues directly involving national civil society in several Member States, together with FRA, with the intention to extend these dialogues to the other Member States as well, also in view of the Parliament’s call to further extend the participation in debates at national and local level (paragraph 85).

16. Recalls that no sector is corruption-risk safe, including those that manage significant public funds or access to critical infrastructures and services, such as healthcare and construction; stresses that organised crime groups play an increasingly important role in activities which include counterfeiting, piracy and infringements of intellectual property rights, and which have skyrocketed in the digital environment; recalls that the criminal groups involved in these illegal activities often use the profits to finance other illegal activities;

As regards the assessment and methodology (paragraphs 1, 80, 81, 82 and 83), the Commission notes that the country chapters analyse new significant developments and follow-up on the challenges and developments identified in the previous editions of the report. The report also provides an analysis of legislations and reforms in the process of being adopted (paragraph 7). The report already identifies in a consistent way which challenges are of a more serious and systemic nature and raise concerns (paragraph 83), and which challenges are more isolated. In a few countries, where there are serious structural concerns, this is also indicated clearly. It is important that the country chapters are read as a whole, in order to give a full picture of the rule of law situation. In 2023, the Commission services conducted over 530 online meetings with nearly 700 national authorities, independent bodies and non-governmental and professional organisations, including civil society. In direct response to requests from the Parliament and civil society, the Commission has also taken further steps to increase the transparency and inclusiveness of the approach. The Commission has further extended the consultation period and provided additional information about the process, including the schedule of the country visits and network of national contact points on the rule of law, on the Commission’s website. The Commission will continue to reflect on ways to best involve stakeholders in a transparent manner, including by further improving the modalities of the online consultation (also as regards the available time to respond) (paragraph 85).

17. Calls on the Commission, as part of its upcoming rule of law reports, to incorporate an evaluation of the evolution of Member States’ legislation in recent years pertaining to the oversight of the appropriate utilisation of public funds, as well as the legal mechanisms in place to address any improper use of public funds;

In preparing its assessment, the Commission continues to rely on external expertise from a variety of international organisations and EU agencies. In particular, the Commission cooperates very closely with the Council of Europe and the Fundamental Rights Agency and also receives input from the UN Office of the High Commissioner for Human Rights. However, the Rule of Law Report ultimately represents the Commission’s own assessment and the Commission takes responsibility for it as the EU institution tasked to be the guardian of the EU Treaties. Delegation of decision-making powers to an external panel of experts would raise concerns in terms of legitimacy, balance of inputs and accountability for the results (paragraph 84).

18. Recalls Parliament’s strong support for the establishment of the European Public Prosecutor’s Office (EPPO); acknowledges the important role of the EPPO as an independent EU body in investigating, prosecuting and bringing to judgment crimes affecting the financial interests of the Union; highlights that since starting its operations on 1 June 2021, EPPO has registered more than 4 000 crime reports from participating EU Member States and private parties and over 929 investigations have been opened (as of June 2022);

The Commission recognises that the Parliament welcomes the inclusion of recommendations since the 2022 Rule of Law Report and the assessment of their fulfilment in the 2023 Rule of Law Report (paragraph 81), which further contributes to the effectiveness of the report, by assisting and supporting Member States in their efforts to take forward reforms and to identify where improvements or follow-up to recent changes or reforms may be needed. Recommendations are addressed and tailored to each Member State and based on the clear and specific assessments contained in each country chapter. The Commission takes note of the suggestion of the Parliament to attach the recommendations to a specific timeline, targets and concrete actions for their implementation (paragraph 83). The Rule of Law Report is a preventive instrument, which by its nature is not legally binding, including as regards its recommendations. However, the Commission will continue to follow up closely on the implementation of these recommendations at both political and at technical levels. The Commission is also engaging with Member States to assist them in their efforts to implement the Report’s recommendations.

19. Urges the Commission, furthermore, in cases where the level of safeguards for public funds is found to have been lowered, to promptly engage with the affected Member State or Member States, requesting the expeditious implementation of the necessary measures to rectify this situation;

As regards linking the report with concrete enforcement tools to be activated in relation to identified or possible rule of law issues (paragraph 77), the Commission clarifies that the Rule of Law Report is only one of the tools in the EU Rule of Law toolbox. While there are clear synergies between these tools, they remain separate instruments with different conditions under which they can be used and as such require a separate, detailed and time-sensitive assessment. The Commission stresses it would not seem adequate to pre-empt or to rule out a future decision to use one of the tools at the time of the adoption of the next annual Rule of Law Report, thereby restricting the EU’s ability to react to situations that may develop over the reporting period.

Civil society

Regulation (EU, Euratom) 2020/2092 on a general regime for the protection of the Union budget (‘Conditionality Regulation’) is a separate tool from the Rule of Law Report (paragraph 96). The Conditionality Regulation cites the Rule of Law Report as one of the sources for the Commission to assess whether the conditions to adopt measures are met. The Conditionality Regulation sets out specific rules and procedures for the Commission to assess each situation and find whether there are breaches of the principles of the rule of law that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way. The Commission does not hesitate to apply the Conditionality Regulation where its conditions are met. In its report to the European Parliament and the Council on the application of the Conditionality Regulation of January 2024, the Commission concluded that the measures adopted in the case of Hungary are effective looking forward. Measures adopted under the Conditionality Regulation can be adapted or lifted, on a proposal by the Commission to the Council, if the Member State concerned addresses, in part or fully, the situation that had led to their adoption. The Commission will comply with the requirements under the Conditionality Regulation when assessing whether it should propose measures to be adapted, lifted, or left in place.

20. Recalls its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the Union where it called on the Commission to propose a package of both soft and hard laws to address the increasing number of strategic lawsuits against public participation, or SLAPPs; welcomes the Commission legislative proposal and recommendation to the Member States of 27 April 2022 addressing Parliament’s call in this respect; stresses that SLAPPs are a particular form of harassment used primarily against journalists to prevent them from or penalise them for speaking up on matters of public interest by subjecting them to lengthy, burdensome and expensive lawsuits; calls on the Member States to keep up with the ambitions in the proposed measures and step up efforts to improve the safety and protection of journalists;

On the procedures under Article 7 TEU (paragraph 95), the Commission calls on the Member States concerned and the Council to invest in accelerating the resolution of the problems raised under these procedures, finding solutions that protect the rule of law and the values common to all the Member States. The Commission remains committed to supporting the Council in the conduct of the Article 7 TEU procedures to resolve the issues at stake. The Commission also reiterates its view that the European Parliament should be given the possibility to present its case in the Council in the procedures it has initiated.

21. Notes with deep concern the overall shrinking of space for civil society in some Member States, which represents a serious threat to the rule of law, democracy, fundamental rights and other EU values; calls on the Commission to monitor the challenges and attacks faced by civil society as part of its annual rule of law assessment and reporting work and to include conclusions and targeted recommendations in its report; reiterates its call, in this regard, for a separate chapter to be dedicated to the state of civil society in the Member States;

22. Emphasises that the current legal framework at Union and national level is insufficient to establish and support a strong pan-European civil society, whose existence is necessary for democracy; believes, therefore, that a statute for EU cross-border associations and not-for-profit organisations will provide an extra layer of protection to civil society organisations facing undue hurdles to their establishment and operations.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR FOR THE OPINION HAS RECEIVED INPUT

The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.

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