Sittings · Document

REPORT (2024/2078(INI)) 2025-05-28

On the Commission’s 2024 Rule of Law Report

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Ana Catarina Mendes

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

on the Commission’s 2024 Rule of Law Report

(2024/2078(INI))

The European Parliament,

having regard to the Treaty on European Union (TEU), in particular Articles 2, 3(1), 3(3), second subparagraph, 4(3), 5, 6, 7, 11, 19 and 49 thereof,

having regard to the Treaty on the Functioning of the European Union (TFEU), in particular to the articles thereof relating to respect for and the protection and promotion of democracy, the rule of law and fundamental rights in the Union, including Articles 70, 258, 259, 260, 263, 265 and 267,

having regard to the Charter of Fundamental Rights of the European Union (the Charter),

having regard to the case-law of the Court of Justice of the European Union (CJEU),

having regard to the Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report – The rule of law situation in the European Union’ (COM(2024)0800), and the annex thereto containing recommendations for the Member States,

having regard to the Commission communication of 30 October 2024 on EU enlargement policy (COM(2024)0690) and its accompanying staff working documents (the Enlargement Package),

having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget (the Rule of Law Conditionality Regulation),

having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy (the Common Provisions Regulation),

having regard to Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (the Financial Regulation), in particular Article 6(3) thereof,

having regard to Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014,

having regard to the Universal Declaration of Human Rights,

having regard to the UN instruments on the protection of human rights and fundamental freedoms, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRDP), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Recommendations of the UN Forum on Minority Issues, and to the recommendations and reports of the UN Universal Periodic Review, as well as the case-law of the UN treaty bodies and the special procedures of the Human Rights Council,

having regard to the European Convention on Human Rights, the European Social Charter, the case-law of the European Court of Human Rights (ECtHR) and the European Committee of Social Rights, and the conventions, recommendations, resolutions, opinions and reports of the Parliamentary Assembly, the Committee of Ministers, the Commissioner for Human Rights, the European Commission against Racism and Intolerance, the Steering Committee on Anti-Discrimination, Diversity and Inclusion, the Venice Commission and other bodies of the Council of Europe,

having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence,

having regard to the European Charter for Regional or Minority Languages and to the Framework Convention for the Protection of National Minorities of the Council of Europe,

having regard to the memorandum of understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 17 December 2024 on EU priorities for cooperation with the Council of Europe 2025-2026,

having regard to the Commission’s reasoned proposal of 20 December 2017 for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (COM(2017)0835), issued in accordance with Article 7(1) TEU,

having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights,

having regard to its resolution of 7 February 2018 on protection and non-discrimination with regard to minorities in the EU Member States;

having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland,

having regard to its resolution of 19 April 2018 on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level,

having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded,

having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU,

having regard to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights,

having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights,

having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights,

having regard to its resolution of 17 December 2020 on the European Citizens’ Initiative ‘Minority SafePack – one million signatures for diversity in Europe’,

having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/2092,

having regard to its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report,

having regard to its resolution of 8 July 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget,

having regard to its resolution of 16 September 2021 with recommendations to the Commission on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU,

having regard to its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society,

having regard to its resolution of 15 December 2021 on the evaluation of preventive measures for avoiding corruption, irregular spending and misuse of EU and national funds in case of emergency funds and crisis-related spending areas,

having regard to its resolution of 8 March 2022 on the shrinking space for civil society in Europe,

having regard to its resolution of 10 March 2022 on the rule of law and the consequences of the ECJ ruling,

having regard to its resolution of 19 May 2022 on the Commission’s 2021 Rule of Law Report,

having regard to its resolution of 9 June 2022 on the rule of law and the potential approval of the Polish national recovery plan (RRF),

having regard to its resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 2021,

having regard to its resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded,

having regard to its resolution of 20 October 2022 on the rule of law in Malta, five years after the assassination of Daphne Caruana Galizia,

having regard to its resolution of 20 October 2022 on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia,

having regard to its resolution of 10 November 2022 on racial justice, non-discrimination and anti-racism in the EU,

having regard to its resolution of 24 November 2022 on the assessment of Hungary’s compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP,

having regard to its resolution of 30 March 2023 on the 2022 Rule of Law Report – the rule of law situation in the European Union,

having regard to its resolution of 18 April 2023 on the institutional relations between the EU and the Council of Europe,

having regard to its resolution of 28 February 2024 ‘Report on the Commission’s 2023 Rule of Law report’,

having regard to its resolution of 29 February 2024 on deepening EU integration in view of future enlargement,

having regard to its resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds,

having regard to the report of its Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware (PEGA) and to its recommendation of 15 June 2023 to the Council and the Commission following the investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware ,

having regard to its resolution of 11 July 2023 on the electoral law, the investigative committee and the rule of law in Poland,

having regard to its resolution of 19 October 2023 on the rule of law in Malta: six years after the assassination of Daphne Caruana Galizia, and the need to protect journalists,

having regard to the Commission communication of 6 December 2023 entitled ‘No place for hate: a Europe united against hatred’ (COM(2023)0051),

having regard to its resolution of 18 January 2024 on the situation of fundamental rights in the European Union – annual report 2022 and 2023,

having regard to its resolution of 18 January 2024 on extending the list of EU crimes to hate speech and hate crime,

having regard to its resolution of 24 April 2024 on ongoing hearings under Article 7(1) TEU regarding Hungary to strengthen the rule of law and its budgetary implications,

having regard to the conclusion of the Article 7 TEU procedure in relation to Poland, as announced by the Commission on 29 May 2024, following steps taken by Poland to restore compliance with EU rule of law standards;

having regard to Resolution 2262 (2019) of 24 January 2019 of the Parliamentary Assembly of the Council of Europe on promoting the rights of persons belonging to national minorities,

having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE), to the cooperation between the EU and the OSCE on democratisation, institution-building and human rights and to the annual OSCE hate crime report, in which participating states have committed themselves to passing legislation that provides for penalties that take into account the gravity of hate crime, to taking action to address under-reporting and to introducing or further developing capacity-building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes,

having regard to the special reports of the European Court of Auditors of 17 December 2024 on Enforcing EU Law (28/2024), of 22 February 2024 on the Rule of Law in the EU (03/2024), and of 10 January 2022 on EU support for the rule of law in the Western Balkans (01/2022), and to its review of 28 February 2024 on the Commission’s rule of law reporting (02/2024), and to their respective recommendations,

having regard to the Political Guidelines for the next European Commission 2024-2029, presented to Parliament on 18 July 2024 by Ursula von der Leyen, candidate for President of the Commission,

having regard to the 2024 Eurobarometer surveys on corruption, which show that corruption remains a serious concern for citizens and businesses in the EU,

having regard to the feedback reports, mission reports, written questions and answers of its Democracy, Rule of Law and Fundamental Rights Monitoring Group (DRFMG),

having regard to Rule 55 of its Rules of Procedure,

having regard to the opinion of the Committee on Foreign Affairs,

having regard to the opinion of the Committee on Legal Affairs,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0100/2025),

A. whereas the Union is founded on the common values enshrined in Article 2 TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities – values that are common to the EU Member States and are reflected in the Charter and embedded in international human rights treaties; whereas the Charter is part of EU primary law; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, pose a systemic threat to the rights and freedoms of the people living in the EU;

B. whereas it is apparent from Article 49 TEU, which provides the possibility for any European state to apply to become a member of the European Union, that the Union is composed of states which have freely and voluntarily committed themselves to the common values referred to in Article 2 TEU, which respect those values and which undertake to promote them; whereas EU law is thus based on the fundamental premise that each Member State shares with all the other Member States, and recognises that those Member States share with it, those same values; whereas that premise implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the EU that implements them will be respected,; whereas the Member State are required to ensure that any regression in the protection of the values enshrined in Article 2 TEU is prevented;

C. whereas civil society organisations (CSOs), the legal community, associations, independent media and grassroots movements remain a cornerstone of the rule of law by promoting transparency, accountability and citizen participation in democratic processes; whereas these actors have been instrumental in safeguarding judicial independence, freedom of expression and other constitutional values, often operating under increasing political and legal constraints;

D. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations that arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union; whereas Member States should refrain from any measures which could jeopardise the attainment of the Union’s objectives;

E. whereas in a recent Eurobarometer survey, 74 % of respondents thought that the EU plays an important role in upholding the rule of law and 89 % believed that it is important for all Member States to respect the EU’s core values; whereas, in the current global economic and political context, bolstering citizens’ trust in the rule of law and the resilience of democracies at EU level is a crucial factor;

F. whereas accession to the EU must always be a merit-based procedure in which there is an assessment of whether an applicant fulfils the Copenhagen criteria, in particular those guaranteeing full respect for human rights, democracy and the rule of law, in order to ensure that EU enlargement strengthens rather than weakens the EU and its single market; whereas the fundamental role of the Instrument for Pre-Accession Assistance as a Union instrument is to support the rule of law, democracy and human rights in candidate and potential candidate countries, including the strengthening of democratic institutions and CSOs, as well as progress on good governance and the fight against corruption, the promotion and protection of non-discrimination and gender equality and the strengthening of capacities for conflict prevention and resolution;

Independence of the judiciary

1. Underlines that fair and accessible justice is a basic rule of law principle that requires an independent judiciary; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination and hold decision makers accountable;

2. Recalls that robust national legal systems are indispensable in Member States, candidate and potential candidate countries, given that the Commission relies on national judicial authorities to enforce EU law, and that they are fundamental to judicial cooperation across the EU and to fostering mutual trust; notes with concern that while some judicial systems may appear robust on paper, this does not always align with reality;

3. Stresses the need for the impartiality of judges; recalls that the appointment and promotion of judges must be determined solely by their qualifications and not be influenced by political or personal considerations, as the judges essential for safeguarding judicial independence; recalls that the criteria for nominations and appointments to high-level judicial positions must be fully transparent;

4. Underlines the important role of the national councils of the judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the Commission and the Council of Europe, and which have been endorsed by the CJEU; calls on the Commission in its future rule of law reports to place a particular focus on the roles, structures and functioning of Member States’ national judicial councils as part of its assessment of judicial independence;

5. Points out that the prosecution service is a key element in the capacity of a Member State to fight crime and corruption; regrets any governmental or political interference in corruption investigations and recalls that no one is above the law; condemns the misuse of the judicial system for political purposes, including the persecution of political opponents and interference in corruption investigations; stresses that both politically motivated prosecutions and amnesty laws and pardon procedures driven by political interests undermine public trust in constitutional principles and EU standards; highlights the importance of guaranteeing the autonomy and independence of the prosecution service, thereby preventing any political interference in its work, especially from the government; highlights the role of transparent appointment processes for prosecutors as a key factor in maintaining public confidence in criminal justice;

6. Calls for disciplinary procedures for judges and prosecutors to be handled by independent bodies free from political influence and, where necessary, for the system of disciplinary procedures to be reformed to preclude their use by political authorities to control the judiciary;

7. Calls on the Commission to maintain constant oversight, ensuring that judges and prosecutors remain independent of the authorities responsible for appointing or reappointing them; calls on the Commission to proactively monitor and swiftly react to risks of rule of law backsliding in areas of judicial independence and access to justice, in line with the principle of non-regression as clarified in recent CJEU case-law;

8. Notes that the Commission has found that there are structural challenges with regard to improving the efficiency, accessibility and quality of the judiciary of some Member States and of candidate and potential candidate countries; notes that the Commission has found that several Member States have allocated additional resources to strengthening the resilience of justice systems to ensure the timely resolution of cases and reduce backlogs, while in other Member States levels of remuneration continue to pose challenges, often leading to shortages and vacancies; notes that underfunding and understaffing can undermine the accessibility and effectiveness of judicial systems, thus eroding trust in the rule of law; emphasises that adequate remuneration is essential to attract and retain qualified judicial personnel; strongly believes that training is a key element that guarantees the independence of judges, as well as the quality and efficiency of the judicial system; states that an important element of the state of the rule of law and fair proceedings are judicial procedures conducted in a reasonable time frame; notes, in that context, that the justice scoreboard indicates significant discrepancies across the EU legal area;

9. Encourages the Member States to ensure training opportunities for judges; strongly believes that training should be multidisciplinary, with a particular focus on gender equality; reiterates that adequate resources, including funding, infrastructure and qualified personnel, are crucial for the efficiency and accessibility of the justice system; recognises the role of court staff, including notaries, in numerous Member States; calls on all Member States to follow up on corruption cases within a reasonable time limit so as to not foster a feeling of impunity among their citizens; invites Member States to take advantage of the opportunities offered by digitalisation to simplify procedures and processes, improve efficiency and accessibility, save time and reduce storage costs;

10. Stresses the importance of independent judicial systems and access to free legal aid in ensuring equal access to justice; reiterates that adequate resources, including infrastructure and personnel, are crucial to improving justice systems; recommends that Member States take concrete steps to improve access to justice for marginalised and vulnerable groups, including adequately funded, enhanced legal aid systems and measures to address language barriers and digital divides;

11. Recalls that the Commission’s 2024 Rule of Law Report states that serious concerns persist regarding judicial independence in Hungary and that political influence on the prosecution service remains, with the risk of undue interference in individual cases, and that the freedom of expression of judges remains under pressure and smear campaigns against judges continue in the media;

12. Welcomes the pivotal role of the CJEU in upholding the rule of law across the EU; endorses further initiatives to enhance the resources and the capabilities of the CJEU to effectively address further challenges to the rule of law; reiterates that, in accordance with Article 19 TEU and Article 267 TFEU, national courts cannot be hindered from using the possibility of a referral for preliminary ruling to the CJEU; calls on the Commission to carry out a systematic check in this regard as part of its annual rule of law report, and to start infringement proceedings in cases where national judges face obstacles in this regard;

13. Regrets the trend whereby some Member States are selectively applying, delaying or failing to implement CJEU and ECtHR judgments and calls for their timely and effective implementation; emphasises that Member States and EU institutions must systematically integrate and implement the latest CJEU case-law to uphold the rule of law and ensure the uniform application of EU law; calls for the swift adaptation of national legislation and institutional frameworks to comply with court rulings;

14. Reiterates its strong support for the International Court of Justice and the International Criminal Court (ICC) as essential, independent and impartial jurisdictional institutions at a particularly challenging time for international justice; recalls the need to fully implement the orders of the International Court of Justice, which are legally binding; calls for the Union, its Member States and candidate and potential candidate countries to continue to support the ICC;

15. Urges the Commission, as the guardian of the Treaties, to meet its responsibility for the enforcement of the Union’s basic values, including those laid down in Article 2 TEU and in the EU’s primary law, and not to rely only on citizens going to court themselves to ensure the application of EU law; stresses that the non-implementation of domestic and international judgments is violating the rule of law and risks leaving people without remedy and can create a perception among the public that judgments can be disregarded, undermining general trust in fair adjudication; underlines the fundamental role of the CJEU and the ECtHR in ensuring respect for the law and guaranteeing uniformity in its application; proposes establishing clear deadlines for the implementation of court rulings, as well as a detailed monitoring plan for the implementation of pending judgments; urges the Commission to launch infringement procedures if needed, together with motions for interim measures; calls on the Member States to implement pending judgments of the CJEU and the ECtHR promptly and suggests the establishment of a monitoring unit to monitor the implementation of CJEU and ECtHR rulings relating to democracy, the rule of law and fundamental rights in EU countries, and to fully integrate the monitoring unit’s findings into the annual rule of law report; recommends that the Commission, in particular, take action regarding failures to implement CJEU judgments under Article 260(2) TFEU and apply the Rule of Law Conditionality Regulation in cases of non-compliance with CJEU and ECtHR judgments where the breach identified affects or seriously risks affecting the Union budget or financial interests; stresses that systematic non-compliance with EU law must entail tangible financial penalties to ensure genuine deterrence; calls on the Commission to assess whether delays or non-compliance with such rulings warrant proceedings for failure to act under Article 258 TFEU; calls on the Commission to systematically analyse data on non-compliance with country-specific views of UN Treaty Bodies;

16. Welcomes the revision of the Victims’ Rights Directive to close legal gaps, ensuring that victims can access justice and receive support; calls on the Council to include as much as possible from Parliament’s mandate, including provisions ensuring victims’ right to review decisions in criminal proceedings, on access to legal remedies and fair compensation, and on comprehensive support services, particularly for those in vulnerable situations; stresses the importance of effective data collection, of enhancing resource allocation for victim assistance and of safeguarding victims’ privacy and personal data to prevent secondary victimisation and ensure that victims, including undocumented migrants and asylum seekers, can safely report crimes; expects co-legislators to adopt solutions that are victim-centred;

17. Recognises the essential role of law enforcement in upholding the rule of law and protecting fundamental rights; calls on the Member States to ensure adequate funding, training and resources for the police and law enforcement agencies; calls on the Member States to take into account the Council of Europe’s Code of Police Ethics in this regard; emphasises that any use of force must be strictly necessary, proportionate and subject to clear safeguards; calls on the Member States to introduce guidelines for the transparent, independent and consistent selection, testing and trialling of weapons used by law enforcement agents, based on UN standards, recommendations and guiding principles; notes that this assessment should determine that such weapons are compliant with international human rights law and standards prior to their selection and deployment; calls on the Member States to thoroughly investigate any cases of excessive use of force and discriminatory treatment by law enforcement agencies;

18. Calls on the Commission to include, as a rule of law concern, the conditions in prisons in future rule of law reports, given the serious and growing concerns across Europe regarding overcrowding, inadequate living conditions and the alarming rates of suicide within prisons;

19. Calls on the Commission to pay special attention to analysing procedural justice with a view to identifying strengths, gaps, discrepancies and best practice in ensuring transparency, efficiency and fair treatment in strengthening administrative justice across the EU, as a means of ensuring the accountability of public authorities;

Anti-corruption framework

20. Stresses that the rule of law requires that persons holding public office cannot act arbitrarily or abuse their power for personal gain; underlines that governments should adopt laws in the interest of the general public and not in the interest of specific individuals;

21. Reiterates that corruption is a serious threat to democracy, fundamental rights and the rule of law in Member States, candidate countries and potential candidate countries; underlines that corruption erodes citizens’ trust in public institutions; deplores the fact that the 2024 Eurobarometer on corruption shows that corruption remains a serious concern for EU citizens and businesses, with 68 % of Europeans considering corruption to be widespread in their country, 65 % believing that high-level corruption cases are not pursued sufficiently and 41 % believing that the level of corruption has increased; considers this a call for the EU to step up its efforts to combat corruption;

22. Reiterates its call on the Commission to immediately finalise negotiations on the EU’s membership of the Council of Europe’s Group of States against Corruption (GRECO); notes that such membership will ensure greater transparency, accountability and efficiency in the management of EU funds, the legislative process and the work of the EU institutions, and demands that the annual rule of law report cover EU institutions;

23. Reiterates its call on all Member States to adopt a code of conduct for judges following the GRECO recommendations, and taking into account the codes applicable at the ECtHR and the CJEU; calls on Member States to create independent mechanisms to investigate alleged violations of the code of conduct and other laws, to improve disclosure and transparency with regard to conflicts of interest and gifts received by the judiciary, and to address the issue of revolving doors;

24. Calls on the Member States, candidate countries and potential candidate countries, and the EU institutions to enhance transparency and accountability in public institutions by strengthening anti-corruption and conflict of competence legal frameworks and reporting processes to ensure the effective investigation and prosecution of corruption cases, including high-level corruption cases (inter alia those linked to public procurement procedures and those relating to high-risk areas such as ports or land borders), reinforcing oversight mechanisms and bodies and the independence and proper functioning of existing agencies, fostering protection for whistle-blowers, improving integrity frameworks and lobbying for legislation; regrets the lack of relevant progress made and stresses that final convictions and deterrent penalties are necessary to demonstrate genuine commitment to tackling corruption; calls on Member States to ensure the transparency and accountability of lobbying activities, including the establishment or improvement of mandatory lobbying registers and ‘legislative footprint’ mechanisms for tracking the influence of lobbying activities on lawmaking processes;

25. Acknowledges the important role of the European Public Prosecutor’s Office (EPPO) in safeguarding the rule of law and combating corruption within the EU; encourages the Commission to closely monitor Member States’ level of cooperation with the EPPO; endorses the reinforcement of the monitoring and coordinative powers of the EPPO with a view to strengthening its ability to combat corruption in Member States; calls on the Commission to propose, under Article 86(4) TFEU, an expansion of the mandate of the EPPO to avoid circumvention of EU restrictive measures and cross-border environmental crimes, and to accelerate the revision of the EPPO Regulation and the Directive on the fight against fraud to the EU’s financial interests by means of criminal law in order to safeguard and clarify the primary competence of the EPPO with regard to corruption offences affecting the EU’s financial interests or committed by EU officials;

26. Urges all Member States that have not yet done so to join the EPPO in order to enhance the effectiveness of the fight against corruption, particularly in relation to the protection of EU funds; calls on all candidate and potential candidate countries to establish a framework for effective cooperation with the EPPO;

27. Calls on European bodies such as Europol, Eurojust, the European Court of Auditors, the EPPO and the European Anti-Fraud Office (OLAF) to improve their cooperation in the fight against corruption and fraud affecting EU finances;

28. Calls on the Commission to enhance transparency and accountability in all of its communications, visits and meetings, especially with high-level national actors;

29. Welcomes the Commission’s proposal for a directive on combating corruption which harmonises the definition of corruption offences in the public and private sector and the corresponding penalties; welcomes the inclusion of preventive measures, including on illicit political financing and training, in the directive on combating corruption, such as effective rules for the disclosure and management of conflicts of interest, open access to information and effective rules regulating the interaction between the private and the public sector; calls on the Member States to also put in place effective rules to address revolving doors, establish codes of conduct for public officials, establish a public legislative footprint, and ensure transparency in the funding of candidatures for elected public officials and political parties; appreciates that almost all Member States now have anti-corruption strategies in place; regrets, at the same time, that implementation and effectiveness vary; calls on the Member States that have not yet done so to develop and implement robust and effective anti-corruption strategies with the involvement of civil society; underlines the importance of the identification, notification, representation and coordination of victims of corruption; calls on the Member States to protect victims of corruption and enable them to have their views and concerns presented and considered at appropriate stages during criminal proceedings; calls on the Member States to ensure that victims of corruption have the right to adequate and proportionate compensation;

30. Calls on all the EU institutions, bodies, offices and agencies to strengthen their anti-corruption measures with regard to the disclosure and management of conflicts of interest, open access to information, rules regulating the interaction of EU institutions, bodies, offices and agencies with the private sector, revolving doors and the code of conduct for public officials; considers that during their term of office, Members of the European Parliament should not engage in paid side activities with for-profit organisations or businesses seeking to influence EU policymaking; acknowledges the agreement on establishing the Interinstitutional Body for Ethical Standards;

31. Recognises the crucial role that whistle-blowers play in exposing corruption and promoting transparency across both the public and private sectors; stresses the need to protect whistle-blowers from retaliation and harassment; calls for independent and autonomous whistle-blower protection authorities to be further strengthened and further integrated into broader national anti-corruption frameworks, ensuring a unified and robust approach to combating corruption throughout all Member States;

Media pluralism and freedom

32. Welcomes initiatives to promote free, independent and pluralistic media and a safe and enabling environment for journalists such as the European Media Freedom Act (EMFA) and calls for its swift implementation; calls on the Member States and candidate and potential candidate countries to improve transparency in the allocation of state advertising online and offline and to follow the recommendations contained in Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union; calls on the Commission to provide the Member States with the necessary assistance in transposing the EMFA into national law, and to monitor its implementation, especially in certain Member States that rank poorly in freedom indices; underlines that the EMFA is a crucial milestone in safeguarding the independence, pluralism and integrity of the media landscape across the Union;

33. Expresses deep concern over the increasing attacks on journalists and publishers, with a disproportionate impact on women; calls on the Commission and the Member States and on candidate and potential candidate countries to ensure the safety and protection of journalists, including investigative journalists and fact checkers who are particularly exposed; highlights the fact that the most common forms of threat include verbal attacks, online harassment, intimidation through social media and email, and legal threats, including cases covered by the Anti-SLAPP (‘Strategic lawsuits against public participation’) Directive, as well as instances of stalking and personal harassment;

34. Calls on the Member States to fully implement the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings, and to adopt comprehensive domestic anti-SLAPP measures to protect journalists and provide support for those facing intimidation, defamation and limitations on the ability to exercise their profession; recommends that, when transposing the directive, Member States extend its application to also include national cases, since the majority of SLAPP cases occur at the national level; calls on the Commission to put forward proposals to address SLAPP cases not covered under the current Directive;

35. Calls for the introduction of specific aggravating circumstances in criminal law for offences committed against journalists when such acts are motivated by or connected to their professional activities;

36. Urges the Member States and candidate and potential candidate countries to protect and promote media freedom and pluralism, ensure transparent allocation of public funds, prevent the concentration of media ownership, protect editorial independence and combat disinformation, particularly through robust laws, including specific provisions on media ownership transparency, and independent regulators; underlines the important role of public service media; welcomes initiatives at national level to create a media registry containing public information about ownership and advertising investment in order to ensure transparency, impartiality and verifiability; further calls on Member States to ensure adequate, sustainable and predictable funding and budgetary stability based on transparent and objective criteria for public service media; recommends the creation of a dedicated EU media freedom fund supporting independent journalism and local media outlets;

37. Condemns the spread of hate speech, including in mainstream and social media, as it poses a serious threat to democracy and the rule of law; calls for stronger enforcement of media regulations to combat hate speech and safeguard a diverse and inclusive media landscape, in accordance with its resolution of 18 January 2024 on the situation of fundamental rights in the European Union; underlines the fact that prominent public figures and politicians have to lead by example and need to ensure a respectful debate; recalls that freedom of expression is a fundamental value of democratic societies and should not be unjustifiably restricted; further recalls that any legislation on hate speech and hate crime should be grounded in the principles of necessity and proportionality; underlines that freedom of expression must be exercised within the law and in line with Article 11 of the Charter and should not be exploited as a shield for hate speech and hate crimes;

38. Acknowledges that citizens perceive signs of an erosion of democracy fuelled by misinformation and disinformation, and that the spread of false information through social media could lead to the erosion of general respect for the rule of law; calls on digital platforms to take immediate action by ensuring compliance with their own community standards and European laws, including the Digital Services Act (DSA) and competition rules; calls on the Commission to assess such compliance regularly and take measures where necessary; recommends that Member States, candidate and potential candidate countries develop comprehensive strategies to combat disinformation and foreign interference in democratic processes, while safeguarding freedom of expression and media pluralism;

39. Strongly condemns state control and political interference in media operations; highlights the fact that media regulators must be adequately protected by legal safeguards to ensure their independence and freedom from political pressure, with sufficient budgetary resources at their disposal; underlines the democratic importance of independent media regulators;

40. Expresses deep concern over the abuse of spyware and the lack of sufficient safeguards against illegal surveillance of journalists; calls on the Commission to implement the recommendations of Parliament’s PEGA Inquiry Committee on banning politically motivated surveillance;

41. Urges Member States to ensure that the transposition of Directive (EU) 2016/343 on the presumption of innocence does not introduce restrictions on the right to report on and inform the public of matters of public interest, including judicial investigations, that are not provided for by the Directive; calls on Member States to review and, if necessary, modify existing national provisions that could limit journalistic freedoms;

42. Calls on the Member States to ensure that the national coordinators established under the DSA are fully empowered to perform their role in facilitating information exchange and cooperation at the European level;

Civil society organisations (CSOs)

43. Agrees with the Commission’s assessment that CSOs, including those advocating for the rule of law and democracy, the protection of marginalised groups, environmental protection and social justice, and human rights defenders (HRDs) are essential for the checks and balances and for the protection of fundamental values and Union law that are a cornerstone of the EU; appreciates that CSOs and professional associations representing groups such as judges, prosecutors or journalists support the rule of law; underlines, in particular, the importance of local, vibrant civil societies in candidate and potential candidate countries, which play a constructive role in the EU accession processes; recognises their role as watchdogs against rule of law violations and their contribution to promoting and safeguarding democratic principles; recalls the need for a safe, supportive and enabling environment for their work;

44. Highlights the role of civil society and independent oversight bodies in monitoring, verifying and supporting the implementation of the recommendations of the 2024 Rule of Law Report; calls for a structured civil dialogue framework to integrate civil society contributions into the annual rule of law cycle, as recommended by the European Economic and Social Committee (EESC) and civil society networks; reiterates the importance of broad consultation when drafting the report; supports the Commission’s plan to draft a strategy on space for and the protection of civil society and HRDs; recommends that the EU Guidelines on Human Rights Defenders be fully implemented; calls on the Commission to conduct visits to Member States on-site whenever possible, rather than virtually, as on-site visits could paint a fuller and more contextual picture of the local situation;

45. Is concerned by the growing trend of CSOs and HRDs facing further legal restrictions, a lack of funding, and attacks, which undermine freedom of association, freedom of assembly and freedom of expression; notes with concern that several Member States and candidate and potential candidate countries have imposed disproportionate measures, including the excessive use of force and the detention of protesters to prevent people from participating in protests in some Member States, as well as pre-emptive bans on public gatherings on the vague grounds of security; stresses that courts have overturned such bans in multiple cases; strongly condemns the use of ‘foreign agent laws’, which stifle dissent, harass CSOs and restrict their operations, creating a chilling effect on civil society and HRDs; regrets the fact that restrictions on freedom of assembly, expression and association and the use of excessive force often disproportionately affect specific causes or groups;

46. Stresses that peaceful assembly, freedom of association and expression, and freedom of the arts and sciences are fundamental rights protected by international law and are essential for democracy; condemns the increased pressure on these rights, where proven, and notes the trend of restricting them; condemns also, in this context, episodes of violence against police forces; calls on the Commission to reflect these freedoms in the annual report;

47. Expresses deep concern about the shrinking civic space and increasing persecution of CSOs and HRDs in the EU, particularly those working on anti-racism, climate justice, LGBTIQ rights, women’s rights and migrant supports; notes that these groups face a range of threats including legal and financial restrictions, funding suspensions, smear campaigns, intimidation and criminalisation; condemns, in particular, the growing repression of climate activism in several Member States, including the misuse of anti-terrorism and organised crime laws and the classification of peaceful climate activists as members of ‘criminal organisations’; calls on the Member States to refrain from disproportionate legal action against such activists; urges the Commission to systematically monitor the situation of these organisations in its rule of law reports and to expand dedicated EU funding for civil society actors combating racism and working on other fundamental rights;

48. Calls on the Commission to address such breaches in a dedicated pillar of the annual rule of law reports; calls on the Commission to strengthen the protection of CSOs and HRDs, by establishing early warning mechanisms, increasing the transparency of funding for all actors in the scope of the EU Transparency Register and expanding funding to support CSOs to enable them to operate freely and independently;

49. Urges the Member States to create an enabling environment for CSOs and HRDs, adopt the Anti-SLAPP Directive, and implement Commission Recommendation (EU) 2022/758 to protect CSOs from legal harassment; calls for strengthened independence of national oversight bodies, with adequate resources and safeguards against political interference; encourages support for CSOs in developing and disseminating educational initiatives to ensure broad outreach and accessibility;

50. Considers that the Commission and the Member States should improve funding mechanisms for CSOs and initiatives that strengthen the judiciary and uphold court independence, namely through the Citizens, Equality, Rights and Values programme and the Justice programme; welcomes the fact that the Commission plans to draft a strategy for protecting civil society, recalls, at the same time, that there should be a special focus on HRDs; calls on the Commission to include a rapid response mechanism to support threatened CSOs and HRDs within the Union, drawing on the model of the EU-funded ‘Protect Defenders’ mechanism, which currently has a non-EU focus only; emphasises that this mechanism could provide resources for advocacy, legal aid and awareness campaigns, while ensuring that these organisations can operate without undue restrictions or harassment; calls for the full and consistent application of the Union guidelines on HRDs in candidate and potential candidate countries; is concerned, however, by the growing trend in some Member States of CSOs and HRDs facing challenges, with new legal restrictions, a lack of funding, and physical or verbal attacks, and by the deplorable acceptance of such practices and the chilling effect thereof, including on their freedom of speech within the Member States and the EU institutions; considers that CSOs and HRDs play an essential supportive role in monitoring Member States’ compliance with the values enshrined in Article 2 TEU;

Equality and non-discrimination before the law

51. Recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in judicial proceedings; stresses that the rule of law and fundamental rights are interlinked and that violations of the rule of law have an immediate impact on fundamental rights and disproportionately affect women, minorities and vulnerable groups; calls on the Commission to monitor the effect of any violations of the rule of law on fundamental rights and to ensure that equality and non-discrimination before the law for all people are protected through the use of all relevant instruments, including infringement procedures, where appropriate;

52. Stresses the need to fight against all types of discrimination before the law; expresses its concern over the lack of progress in and implementation of equality and anti-discrimination laws in some Member States; regrets the fact that, despite existing EU legislation such as Directive 2000/78/EC on equal treatment, gaps in the legal framework and in implementation persist, leaving victims without adequate legal recourse; recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in legal remedy; calls on the Commission to act in cases of non-compliance with these principles; deplores the intention of the Commission to withdraw the proposal for a horizontal equal treatment directive and urges the Council to adopt the directive without further delay;

53. Is concerned that the Commission’s 2024 Rule of Law Report noted that some Member States fail to effectively prosecute hate crimes or provide sufficient support to victims of hate crimes, undermining trust in judicial systems and perpetuating inequality before the law; calls on the Council to extend the current list of ‘EU crimes’ in Article 83(1) TFEU to include hate crimes and hate speech and calls on the Commission to put forward a legislative proposal on hate crime and hate speech; asks the Commission to focus on hate crimes in its rule of law reports and, in this regard, to closely monitor and record hate crimes;

54. Underlines that gender-based violence, online and offline, is a major and pervasive offence, as well as a radical violation of fundamental rights, and it violates the principle of equality before the law; calls on the Commission and the Member States to take action against gender-based violence, both online and offline, including violence committed through the use of digital platforms; calls for gender-based violence to be added to the list of EU crimes and for an EU legislative proposal on combating rape based on the lack of consent, also in candidate and potential candidate countries;

55. Recalls the need for access to sexual and reproductive rights and health and calls for access to safe, legal abortion to be enshrined in the Charter;

56. Calls on all Member States to protect LGBTIQ rights in compliance with Union law, the Charter, and CJEU and ECtHR case-law, recalls that legal barriers to recognising same-sex partnerships or parenthood across borders persist in several Member States; warns that such practices not only hinder the free movement of LGBTIQ families within the EU, but also violate the rule of law principle of non-discrimination before the law, highlighting the lack of uniform protection for LGBTIQ individuals across Member States; calls on the Member States who have not yet done so to introduce legal recognition of same-sex partnerships; calls on the Commission to recast Directive 2004/38/EC in order to include an explicit cross-border recognition of private and family life rights, including parenthood for same-sex parents, in the light of the latest rulings of the CJEU; stresses that all children are equal before the law and that Member States must act in the best interests of the child, increase legal certainty and reduce discrimination against the children of same-sex parents; recalls Parliament’s position supporting the recognition of parenthood across the EU, irrespective of how a child is conceived or born, or the type of family they have; urges the Commission to present a renewed LGBTIQ strategy that fully addresses the challenges throughout Europe; calls on the Commission and the Council to make LGBTIQ rights a cross-cutting priority across all policy fields; calls on the Commission to put forward appropriate legislative measures to ensure respect for these principles, as well as to rely on infringement procedures against Member States; urges the Commission to present legislative proposals to combat hate crimes and hate speech on grounds of gender identity, sex characteristics and sexual orientation;

57. Is deeply concerned about the discriminatory measures introduced in some Member States under the pretext of fighting ‘LGBTIQ propaganda’ and ‘gender ideology’ which are contributing to an alarming increase in hate crimes and hate speech targeting LGBTIQ individuals in several Member States and have a negative impact on children, families and workers; highlights the negative impact of such measures on the freedom of expression and assembly for LGBTIQ groups and beyond; emphasises that these actions encourage discrimination against LGBTIQ individuals and contravene EU law; urges the Commission to present a proposal for a binding EU ban on conversion practices in all Member States; notes that in 2024, both the Commission and the European Union Agency for Fundamental Rights (FRA) noted an alarming increase in hate crimes and hate speech targeting LGBTIQ individuals and other minorities in several Member States, stresses the importance of the right to self-determination of LGBTIQ persons and reminds Member States that, in accordance with case-law, the right to self-determination is a fundamental right; therefore urges all Member States who have not done so yet to make sure that LGBTIQ individuals have access to legal gender recognition;

58. Is deeply concerned by and strongly condemns the rising levels of anti-Semitism across the EU; is also deeply concerned and strongly condemns the rising levels of Islamophobia and all other forms of discrimination across the EU, including acts of violence, intimidation, hate speech and the display of hate symbols in public spaces; calls on the Member States and candidate and potential candidate countries to make sure that members of all minorities are equal before the law; calls on the Member States to review laws and policies to ensure that they do not discriminate against minorities, directly or indirectly, and to review any discriminatory legal provisions and regulations; calls for sustained efforts at both EU and national levels to monitor, prevent and prosecute related hate crimes and to protect Jewish and Muslim communities from harassment and violence;

59. Emphasises that a lack of accountability disproportionately affects minorities’ communities, fair political representation, and economic opportunities; calls for increased transparency in public decision-making processes to ensure inclusive and equitable governance;

60. Calls on the Member States to fully implement Directive 2024/1500 and Directive 2024/1499, which establish minimum standards for equality bodies; calls for concrete measures to guarantee their independence and ensure their effectiveness in promoting equality;

61. Underlines that third-country nationals legally residing in the EU, regardless of their nationality or place of birth, must be treated in a non-discriminatory manner and enjoy fair and equal treatment in the areas specified by existing legislation; points out that third-country nationals, regardless of their nationality, place of birth or residence status, have the right to apply for international protection in compliance with international and EU law, of which the non-refoulement principle is an integral part; calls on the Commission to support the Member States in upholding the rule of law and fundamental rights enshrined in the Charter and in implementing the legislation adopted by the co-legislators; stresses the binding nature of the judgments of the CJEU and the ECtHR;

62. Urges the Commission to ensure that the free movement of persons within the EU, the right to reside freely, and family reunification are fully respected in the EU territory and that every citizen can enjoy equal rights and fully exercise their rights;

63. Urges the Commission to strengthen the focus in the annual rule of law report on strengthening the fight against all forms of discrimination in access to justice; calls on the Commission and the Member States to combat discrimination on grounds of racial and ethnic origin, religion or belief, nationality, political opinion, language, disability, age, gender, including gender identity and gender expression, and sexual orientation; urges the Council to reach an agreement on Directive 2008/0140(CNS); urges the Commission to introduce new pillars in the annual rule of law report focusing on combating all forms of hatred and discrimination as enshrined in Article 21 of the Charter, namely regarding crimes that target minority groups and members of national, ethnic, linguistic and religious minorities, as well as the conditions of civil society in Member States; calls on the Commission to require Member States to collect comparable and robust disaggregated equality data to fully assess the impact of structural discrimination on the rule of law; calls on the Commission to reconsider its position on the Minority SafePack Initiative and to put forward legislative initiatives to safeguard the promotion of minority rights and language rights; reiterates its call for the EU to accede to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages; calls for closer ties between the EU and the Council of Europe on minority rights, including in view of the enlargement process;

64. Emphasises the need for Member States to address the gender gap in the judiciary and other key democratic institutions; recommends implementing targeted measures to increase women’s representation in senior judicial and public administration positions;

65. Calls on the Member States to establish national human rights institutions, in accordance with the UN Paris Principles, to guarantee their independence and to ensure that they have the capacity to carry out their tasks effectively;

Single market and the rule of law

66. Highlights the importance of the rule of law in ensuring the smooth and efficient functioning of the single market and reaffirms that well-functioning, independent judicial systems, effective anti-corruption frameworks and strong protection of media freedom are crucial for maintaining fair competition, upholding legal certainty and fostering trust among economic operators; underlines that non-compliance and circumvention of European regulations lead to enormous distortions of competition in the internal market; emphasises that reliable and stable rule of law structures are key pillars for investment and trade, which are essential for competitiveness and, therefore, for the capacity of the welfare system and the labour market in the EU;

67. Stresses that the proper functioning of the single market depends on the effective application of the principle of mutual trust and recognition in both judicial and administrative cooperation; recalls that such trust can only be sustained where the rule of law – as also recommended by the Venice Commission in its rule of law checklist – is fully upheld; indicates that the principle of mutual recognition should be suspended in cases of systemic breaches;

68. Underlines the negative economic impact that corruption and weak judiciary systems have on investor confidence and cross-border cooperation; is concerned that national governments and institutions which fail to uphold the rule of law may allow anti-competitive behaviour to flourish, or may even actively encourage it for political or economic gain, thereby potentially damaging the EU’s economy and undermining the fairness of its internal market;

69. Recalls that, within the scope of application of the Treaties, any discrimination on the grounds of nationality is prohibited in accordance with the Charter, and that freedom of establishment, service provision and movement of capital are fundamental to the single market; underlines that the rules regarding equality of treatment forbid overt and covert discrimination by reason of nationality or, in the case of a company, its seat; recalls its condemnation of the reported systemic discriminatory, non-transparent and unfair practices against companies in some Member States;

70. Condemns systemic discriminatory practices in Hungary, including the misuse of EU funds to benefit political allies, violations of EU competition rules, and the concentration of businesses in the hands of oligarchs with ties to the government; deplores the release of EU funds to the Hungarian Government despite ongoing deficiencies in judicial independence and anti-corruption frameworks; recommends suspending disbursements until all rule of law benchmarks are met; urges the Commission to ensure that EU funds reach the Hungarian population, including through direct and indirect funding mechanisms for beneficiaries independent of the Hungarian Government;

71. Highlights the importance of addressing economic inequality and social exclusion as threats to democratic participation and the rule of law;

72. Calls on the Commission to integrate the single market dimension of the rule of law more explicitly into its monitoring mechanisms, with a stronger focus on the uniform and rapid application, implementation and enforcement of existing legislation, ensuring that Member States’ adherence to rule of law principles is assessed not only from a democratic and judicial standpoint but also in terms of its economic impact on the single market and financial stability; requests that the Commission include in its 2025 rule of law report a dedicated chapter on the single market dimension; urges the Commission to use all available legal tools to address rule of law deficiencies, including launching infringement procedures and competition law enforcement powers when necessary, to preserve the functioning of the internal market;

Rule of law toolbox

73. Stresses the importance of embedding rule of law milestones in funding instruments such as the Recovery and Resilience Facility (RRF); deplores the release of EU funds to the Hungarian Government despite ongoing deficiencies in judicial independence and anti-corruption frameworks; recommends suspending disbursements until all rule of law benchmarks are met; urges the Commission to ensure that EU funds reach the Hungarian population, including through direct and indirect funding mechanisms for beneficiaries independent of the Hungarian Government, while maintaining the full impact of the measures taken;

74. Criticises the Council’s inaction in advancing ongoing Article 7 TEU proceedings, which weakens the EU’s credibility in upholding the rule of law; urges the Council to unblock the next steps in the Article 7 TEU procedure in relation to Hungary, given persistent violations on judicial independence, media freedom and civil society, which necessitate immediate and decisive action; recommends that the Council ensure that hearings take place at least once per presidency during ongoing Article 7 procedures and also that new developments affecting the rule of law, democracy and fundamental rights are addressed; emphasises that there is no need for unanimity in the Council in order to identify a clear risk of a serious breach of Union values under Article 7(1) TEU, or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call on the Council to do so, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself; insists that Parliament should have a more active role in Article 7 TEU proceedings, including the ability to present reasoned proposals to the Council, attend Council hearings and be fully informed at every stage of the procedure;

75. Welcomes the preventive tools in the rule of law toolbox, such as the annual rule of law cycle, the EU justice scoreboard, the European Semester, EU funds to support civil society, judicial networks and media freedom and the rule of law milestones in the RRF; insists that a closer link between the findings of the 2024 Rule of Law Report and the allocation of financial support under the Union budget is introduced, in terms of milestones, ensuring that EU funds are tied to the achievement of necessary reforms; calls on the Commission to further develop a direct link between preventive and reactive instruments and hence, on the basis of the findings in the annual rule of law reports, to promptly and in a coordinated manner launch infringement procedures, set further steps in applying the Article 7 TEU procedure, and apply the Rule of Law Conditionality Regulation and the horizontal enabling conditions related to the Charter, as well as provisions from the Financial Regulation and Common Provisions Regulation; calls on the Commission to assess and report on the potential risks to the Union budget posed by weaknesses in rule of law regimes in the annual rule of law reports starting with the 2025 report; underlines that both the triggering of the reactive instruments and the closure of relevant procedures must be based on the objective criterion of compliance with the rule of law and with EU and international law as interpreted by international courts;

76. Calls on the Commission to systemically resort to expedited procedures and applications for interim measures before the CJEU in infringement cases; calls on the Commission to revise its policy, outlined in its 2022 communication on enforcing EU law, not to use infringement actions for ‘individual’ redress, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, also because most of these cases are not merely individual but address strategic and fundamental issues; asks the Commission to report annually on the application and effectiveness of the tools used against breaches of the principles of the rule of law in Member States;

77. Underlines the need for an ever more comprehensive toolbox ensuring compliance, beyond its budgetary dimension, with EU values across all Union law, including financial instruments, to prevent backsliding; urges the Commission to identify the gaps and present relevant proposals broadening the scope of this toolbox; supports stronger application of the Rule of Law Conditionality Regulation, with cross-cutting conditionality in EU funding programmes; maintains its position that frozen EU funds should only be released once meaningful reforms have been fully implemented and rule of law compliance has been verifiably achieved in practice; emphasises the need for consistency and transparency in applying the toolbox to protect Union values, without political considerations and using objective criteria to trigger reactive instruments; highlights the fact that conditionality should equally apply to candidate and potential candidate countries; insists on the importance of Parliament’s role in overseeing the use of those tools; urges the Commission to conduct systematic audits of the distribution of EU funds to prevent conflicts of interest, political instrumentalisation or opacity in fund allocation at the national level;

78. Insists on the introduction of a performance-based instrument in the multiannual financial framework (MFF) to strengthen the alignment between EU funds and the respect for Union values enshrined in Article 2 TEU such as democracy, fundamental rights and the rule of law; requests that the future MFF include robust rule of law safeguards applicable to all EU funds;

79. Expresses concern that the suspension of EU funds could be misused as a political weapon against civil society and local authorities; recalls that the Rule of Law Conditionality Regulation ensures that final recipients should not lose access to EU funds if sanctions are applied to their government; calls for ‘smart conditionality’ that would enable national governments undermining the rule of law to be bypassed by allocating decommitted EU funds directly to local and regional authorities and to non-governmental organisations and businesses that comply with EU law, as well as by simplifying the reallocation of funds intended for the benefit of the Member State in question to other EU programmes; proposes the establishment of a transparent system for local authorities to request EU funds when national governments block or misuse EU funds; stresses the importance of strictly applying the conditionality mechanisms as enshrined in the Instrument for Pre-Accession Assistance and in the Reform and Growth Facility for the Western Balkans in a transparent manner;

Checks and balances

80. Underlines the importance of safeguarding the separation of powers and a stable institutional framework in every Member State; calls on the Member States to ensure that any constitutional or legislative reforms affecting the separation of powers fully comply with EU fundamental values and legal principles;

81. Calls on the Member States to refrain from excessively using accelerated procedures that bypass stakeholder and civil society consultation, including parliamentary scrutiny or emergency powers, as these negatively impact the stability and the quality of lawmaking and democracy; calls on the Member States to set up transparent lawmaking processes following systematic and public consultation with various stakeholders and advisory bodies;

82. Encourages national governments and parliaments to publish publicly accessible impact assessments and consultation findings for every major legislative proposal;

83. Underlines the recommendation of the Venice Commission that complaints and appeals in the case of electoral irregularities, in particular with regard to vote buying, ballot-box stuffing and incorrect vote counting, be followed up effectively; recalls the importance of the EU legislation adopted in this regard, namely the DSA, the Digital Markets Act, the AI Act, Regulation (EU) 2024/900 on the transparency and targeting of political advertising and the EMFA; calls on the Commission and the Member States to fully implement these acts and provide adequate public resources for the measures under them;

84. Calls on the Member States to strengthen the independence of national oversight bodies in order to ensure resources and freedom from political interference; stresses the importance of civil society and HRDs in promoting accountability and protecting fundamental rights;

85. Expresses deep concern about the rise of extremism and its corrosive effect on democratic norms and the rule of law in several Member States; notes with concern that extremist groups actively target minorities and contribute to a climate of fear, discrimination and polarisation; calls on the Commission to explicitly identify such groups as a threat to democracy, human rights and fundamental freedoms, including academic and media independence, in its annual rule of law report; urges the Member States to take decisive action to counter their influence through robust legal frameworks, education promoting democratic values, and support for CSOs countering extremism; calls for coordinated EU action to counter this threat, including through education, social inclusion programmes and, where necessary, legal measures;

86. Expresses concern about the reported cases of the use of surveillance technologies by Member State governments against journalists, activists, opposition figures and staff of the EU institutions; recalls that the use of spyware must be strictly proportionate and necessary and urges the Commission to present a plan of measures to prevent its abuse without undue delay, making full use of all available legislative means provided by the Treaties, as recommended by the PEGA Committee;

87. Notes with concern the increasing use of artificial intelligence for national security and law enforcement purposes across the EU, stressing the risks to fundamental rights and freedoms; recalls the need to ensure robust data protection safeguards when Member States or national authorities employ surveillance software; calls for strengthened EU legislation to prevent mass surveillance and discrimination;

88. Is concerned about foreign interference in the Member States and in candidate and potential candidate countries, including social media manipulation and disinformation by forces both inside and outside the Union to manipulate public opinion and distort democratic debate; stresses the importance of transparency in platform algorithms, independent audits and robust fact-checking mechanisms to combat disinformation and safeguard democracy; calls on major digital platforms to cooperate with national law enforcement authorities to support investigations into illegal online activities; calls on the Commission and the Member States to monitor this and to apply the DSA and the Digital Markets Act swiftly, particularly regarding very large online platforms; calls on the Commission to include greater scrutiny of online platform disinformation in Pillar 3 (Pluralism and Media Freedom) of its rule of law report;

89. Stresses the importance of academic freedom as an integral aspect of the rule of law and urges the Member States to protect universities from political interference and ensure institutional autonomy; encourages the Member States to foster a culture of the rule of law through awareness campaigns, outreach initiatives and action promoting democratic values and principles;

90. Invites the Commission and the Member States to consider engaging in a process focused on improving administrative procedures and practices that have an impact on the functioning of key democratic processes and the exercise of checks and balances in line with the EU’s established, shared principles;

Horizontal recommendations

91. Recognises the Commission’s rule of law report as a key preventive tool for monitoring the state of the rule of law across the EU, facilitating dialogue between Member States, and guiding reforms in areas such as judicial independence, anti-corruption, media freedom and other checks and balances;

92. Acknowledges that the Commission’s rule of law report has become more comprehensive since its inception in 2020; deplores, however, the fact that essential elements from Parliament’s 2016 resolution have not yet been implemented and that the Commission has not fully addressed the recommendations made by Parliament in its previous resolutions; considers that these recommendations remain valid and reiterates them; calls for the inclusion in the annual report of important missing elements of the Venice Commission’s rule of law checklist, such as prevention of the abuse of powers, equality before the law and non-discrimination; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as these cannot be seen in isolation; asks the Commission to explore the potential release, at around the same time, of all reports related to the rule of law or fundamental rights, such as the annual reports on compliance with the Charter or the report by the FRA, in order to enable a simultaneous global debate on these issues; regrets, however, that despite the growing threats of disinformation, propaganda and information manipulation targeting European democracy, a similar peer review practice among the Member States, in support of the efforts of the OSCE Office for Democratic Institutions and Human Rights, has not yet been considered;

93. Calls on the Commission to expand the scope of the report next year; insists that the Commission’s 2025 rule of law report cover the entire scope of Article 2 TEU and include broader indicators, such as media independence, the role of civil society, fundamental rights, academic and artistic freedom, gender equality, the protection of minorities and vulnerable groups, respect for international law, free and fair elections and the functioning of democratic institutions, in order to provide a fuller picture of rule of law standards across the EU, and in candidate and potential candidate countries;

94. Calls on the Commission to publish the criteria it uses to select information from civil society, international bodies, national authorities and other stakeholders in the process of their rule of law reporting; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research in order to add detail in key areas of the annual report, given the intrinsic links between fundamental rights and the rule of law;

95. Encourages the Commission to use clearer language and transparent assessment rules to evaluate compliance with the values enshrined in Article 2 TEU; reiterates its call to the Commission to differentiate clearly between systemic and isolated breaches of the rule of law in Member States, to avoid the risk of trivialising the most serious breaches of the rule of law, and to make clear that when the values of Article 2 TEU are systematically, deliberately and gravely violated over a period of time, Member States could fail to meet all criteria that define a democracy; indicates that the recommendations should better reflect negative findings in the report and be more detailed; believes that the assessment of the fulfilment of previous recommendations should be more precise and qualitative, not relying only on legislative changes but also on real and independent evidence of their implementation in practice; invites the Commission to conduct field visits and provide assessments based on concrete and independent evidence of implementation in practice;

96. Warns that failing to link monitoring to real consequences risks diminishing the report’s relevance in the Member States; calls for a greater focus on implementing country-specific recommendations, with timelines and measurable benchmarks, including, where relevant, reference to existing opinions of international bodies (e.g. the Council of Europe’s Venice Commission, UN Special Rapporteurs) or relevant court rulings (including from the ECtHR); calls on the Commission to detail the possible consequences in the event of non-compliance, including by referring to specific instruments from the toolbox, which includes budgetary tools and funding conditionality; believes that certain breaches of the values deserve immediate enforcement action and other breaches require recommendations to be implemented urgently; urges the Member States to implement the recommendations outlined in previous reports and commends those Member States that have not only implemented the recommendations but have also exceeded the established standards;

97. Notes that the release date of the annual rule of law report in July is not conducive to generating sufficient visibility and is contrary to the report’s intended purpose of generating a genuine public debate about its findings; urges the Commission to reconsider the publication date and undertake additional efforts to make its findings widely known in all Member States;

98. Recalls that decisions taken or not taken by the EU institutions often influence the rule of law situation in the Member States; criticises the fact that the rule of law status at the EU institutions remains outside the scope of the Commission’s 2024 Rule of Law Report; requests that a chapter on the EU’s adherence to rule of law standards, based on an independent review mechanism, be included in the Commission’s 2025 rule of law report;

99. Proposes a comprehensive interinstitutional mechanism on democracy, the rule of law and fundamental rights covering all the values set out in Article 2 TEU and involving all EU institutions, Member States and candidate countries in order to foster uniformity; reiterates the proposal to create a permanent group of eminent personalities (‘wise persons group’) composed of independent legal, academic and human rights experts, tasked with systematically monitoring rule of law developments in Member States and providing regular assessments, recommendations and early warnings to the Commission; emphasises the need to ensure full independence and objectivity in the composition and functioning of this body, while adapting its mandate specifically to address rule of law challenges;

100. Believes that EU-level interinstitutional dialogue and cooperation on the rule of law should be strengthened; regrets the fact that the Commission and the Council have so far rejected its offer to enter into an interinstitutional agreement on democracy, the rule of law and fundamental rights; reaffirms its willingness to resume talks on this agreement; calls on the other institutions, in the meantime, to at least explore further cooperation in the context of the proposed interinstitutional pilot on democracy, the rule of law and fundamental rights, which would help build trust between the institutions in a practical way, in particular by sharing monitoring, dialogue and meeting practices; calls on the Council to make its rule of law dialogue more inclusive by inviting other institutions, such as the Venice Commission, the Human Rights Commissioner and representatives of Parliament, to its sessions; believes that the Council’s rule of law dialogue should become more interactive, with systematic provision of feedback; calls on the Member States to invest in proper preparation for this dialogue; emphasises that increased transparency would enhance the rule of law dialogue within the Union and therefore invites the Council to provide detailed public conclusions; urges the Council to engage with national parliaments to enhance democratic oversight of Member States’ compliance with EU rule of law standards; stresses that the rule of law report should be evidence-based and objective, addressing the Member States and EU institutions, and should include preventive and corrective measures;

101. Calls on the Member States to ensure that emergency measures adopted in response to crises (such as pandemics or security threats) are subject to regular parliamentary scrutiny and judicial review, and are strictly time-limited and proportionate;

102. Considers that cooperation between the EU and international organisations such as the Council of Europe, the OSCE and the UN in promoting and defending democracy, the rule of law, fundamental freedoms and human rights, including the rights of minorities, should be further strengthened;

103. Encourages the Member States to develop and implement comprehensive civic education programmes that foster understanding of democratic institutions, the rule of law and fundamental rights among citizens of all ages;

104. Deplores the fact that the Commission has not incorporated many of Parliament’s repeated requests regarding the Commission’s rule of law reports; demands that the Commission issue a communication by 31 December 2025 detailing which of the requests adopted by Parliament in relation to the Commission’s rule of law reports since 2021 the Commission will implement, which it will not, and why;

105. Welcomes the extension of the Commission’s rule of law report to cover candidate countries, namely Albania, Montenegro, North Macedonia and Serbia, reinforcing the fact that the EU’s fundamental values must be respected not only by current Member States but also by future members during the accession processes; encourages a close evaluation of the rule of law in all countries in an accession process; encourages the Commission to provide concrete recommendations to accession countries on the state of the rule of law, and to ensure alignment with the enlargement report; expects the Commission to include all candidate countries in its 2025 rule of law report;

°

° °

106. Instructs its President to forward this resolution to the Council, the Commission, the European Union Agency for Fundamental Rights, the Council of Europe and the governments and parliaments of the Member States.

EXPLANATORY STATEMENT

The European Union is founded on the common values enshrined in Article 2 of the Treaty of European Union, common to all Member States and its people The values, namely democracy, the rule of law and fundamental rights are mutually reinforcing and - especially in the 75th year of the Schuman declaration it is important to uphold and defend them.

These values cannot be taken for granted and we see backlash across the union, and therefore the European institutions must stand as a beacon of its defence.

Free, independent and pluralistic media is a key element of democratic oversight and therefore rule of law. Free, independent media is a watchdog against abuse of power and therefore remains an important element of checks and balances of democratic societies. The erosion of journalistic freedom and independence be it through misinformation and disinformation, concentration of media ownership, state propaganda and the lack of safety for independent journalists including SLAPP lawsuits undermines citizens’ trust in the system as well as its accountability.

Guaranteeing access to sexual and reproductive rights and health, namely access to free and legal abortion, as well as the respect for LGBTIQ rights is upholding the respect for the rule of law and for equality before the law. The backsliding in legal protections disproportionately affects certain groups of people, limiting their rights and hence hindering equality before the law. Several governments have passed legislation that directly targets LGBTIQ persons and by this violating the principle of Equality before the law.

Democratic resilience and accountability also come from a strong and free civil society, and the shrinking space for civil society organizations — including restrictions on the right to peaceful assembly and protest — poses a grave challenge to the rule of law and democracy. Increasingly, civil society actors face legal and administrative obstacles, surveillance, and even criminalization. In addition, civil society also faces restrictions in terms of funding.

The manipulation of public opinion and distortion of democratic debate must be fought against - platform algorithms are an emerging threat to the rule of law and democratic processes, including elections and in its transparency lie the fight against disinformation and the safeguard of democracy.

Finally, the judiciary must be shielded from political interference through robust safeguards. Judicial independence depends not only on institutional design but also on the protection and autonomy of those who serve within it.

This report of the European Parliament aims to shed light on these issues and their development during the last one year and call on the European Commission to uphold its role as guardian of the treaties and to defend the European project - one of democracy, rule of law and fundamental rights.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she received input from the following entities or persons in the preparation of the report, prior to the adoption thereof in committee:

Entity and/or person
European Partnership for democracy
Civil Liberties Union for Europe
International Commission of Jurists
Ergo network
European Civic forum
Civil society Europe
Rapporteurs sans frontiers
ILGA Europe
Romanipe
Amnesty international
ENAR - European network against racism
Fédération Internationale pour les droits humains
European Anti-Poverty network
International Federation of Human Rights
Committee of Regions

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that she has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.

9.4.2025

OPINION OF THE COMMITTEE ON FOREIGN AFFAIRS

for the Committee on Civil Liberties, Justice and Home Affairs

on the Commission’s 2024 Rule of Law report

(2024/2078(INI))

Rapporteur for opinion: Isabel WiselerLima

AMENDMENTS

The Committee on Foreign Affairs submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment 1

Motion for a resolution

Citation 1

Motion for a resolutionAmendment
– having regard to the Treaty on European Union (TEU), in particular Articles 2, 3(1), 3(3), second subparagraph, 4(3), 5, 6, 7, 11, 19 and 49 thereof,– having regard to the Treaty on European Union (TEU), in particular Articles 2, 3(1), 3(3), second subparagraph, 4(3), 5, 6, 7, 11, 19, 21 and 49 thereof,

Amendment 2

Motion for a resolution

Citation 5 a (new)

Motion for a resolutionAmendment
– having regard to the Commission’s 2024 Enlargement Package of 30 October 2024 and its accompanying documents,

Amendment 3

Motion for a resolution

Citation 5 b (new)

Motion for a resolutionAmendment
– having regard to the Commission communication of 8 November 2023 entitled ‘New growth plan for the Western Balkans’ (COM(2023)0691),

Amendment 4

Motion for a resolution

Citation 10

Motion for a resolutionAmendment
– having regard to the UN instruments on the protection of human rights and fundamental freedoms, and the recommendations and reports of the UN Universal Periodic Review, as well as the case-law of the UN treaty bodies and the special procedures of the Human Rights Council,– having regard to the UN instruments on the protection of human rights and fundamental freedoms – in particular the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights – and the recommendations and reports of the UN Universal Periodic Review, as well as the case-law of the UN treaty bodies and the special procedures of the Human Rights Council,

Amendment 5

Motion for a resolution

Citation 13 a (new)

Motion for a resolutionAmendment
– having regard to the final report of the election observation mission of the OSCE office for Democratic Institutions and Human Rights on the early parliamentary elections of 17 December 2023 in Serbia, published on 28 February 2024,

Amendment 6

Motion for a resolution

Citation 45 a (new)

Motion for a resolutionAmendment
– having regard to its resolution of 29 February 2024 on deepening EU integration in view of future enlargement1a, _______________ a OJ C, C/2024/6746, 26.11.2024, ELI: http://data.europa.eu/eli/C/2024/6746/oj.

Amendment 7

Motion for a resolution

Citation 48 a (new)

Motion for a resolutionAmendment
– having regard to the European Court of Auditors Special Report 01/2022 of 10 January 2022 entitled ‘EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist’,

Amendment 8

Motion for a resolution

Recital A a (new)

Motion for a resolutionAmendment
Aa. whereas the Union’s action worldwide must be guided by the universality and indivisibility of human rights and by the fact that the effective protection and defence of democracy, the rule of law, human rights and the principles of international law are at the core of the Union’s external action, as enshrined in Article 21 TEU;

Amendment 9

Motion for a resolution

Recital A b (new)

Motion for a resolutionAmendment
Ab. whereas accession to the EU must always be a merit-based procedure in which it is assessed if each applicant fulfils the Copenhagen criteria, in particular those guaranteeing full respect for human rights, democracy and the rule of law, in order to ensure that EU enlargement strengthens rather than weakens the EU and its single market; whereas, in accordance with the Copenhagen criteria, candidate and potential candidate countries must adhere to the values of the Union in order to join the Union, which cannot be disregarded or reinterpreted after accession; whereas this also extends to alignment with the Union’s policies and positions, including its common foreign and security policy, and in particular its policies and positions on human rights;

Amendment 10

Motion for a resolution

Recital A c (new)

Motion for a resolutionAmendment
Ac. whereas the past year has been marked by a new proliferation of laws on ‘foreign agents’ in EU candidate and potential candidate countries, and whereas these laws target civil society organisations and the media, and seek to prevent them from receiving financial support from abroad, including from the Union and its Member States, thereby fostering a climate of fear and self-censorship;

Amendment 11

Motion for a resolution

Recital A d (new)

Motion for a resolutionAmendment
Ad. whereas democratic backsliding is one of the biggest threats facing the European Union, both within and outside its borders; whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU is upheld throughout the Union, as well as promoted among candidate and potential candidate countries;

Amendment 12

Motion for a resolution

Recital A e (new)

Motion for a resolutionAmendment
Ae. whereas democratic backsliding within the Member States is threatening the coherence of the common foreign and security policy and compromises the Union’s image as a promoter of democracy and the rule of law;

Amendment 13

Motion for a resolution

Recital A f (new)

Motion for a resolutionAmendment
Af. whereas in a recent Eurobarometer survey, 74 % of respondents thought that the EU plays an important role in upholding the rule of law and 89 % believed that it is important for all Member States to respect the EU’s core values;

Amendment 14

Motion for a resolution

Recital A g (new)

Motion for a resolutionAmendment
Ag. whereas, in November 2023, the Commission presented its growth plan for the Western Balkans; whereas in April 2024 the Commission approved the Reform Agendas, which commit the candidate and potential candidate countries to socio-economic and fundamental reforms in the priority areas of rule of law and other fundamentals, governance, the digital and green transition, human capital development and the business environment; whereas upholding democratic mechanisms, the rule of law and respect for human rights is a precondition for receiving payments under the EU’s EUR 6 billion Reform and Growth Facility;

Amendment 15

Motion for a resolution

Paragraph 1

Motion for a resolutionAmendment
1. Underlines that fair and accessible justice is a basic rule of law (RoL) principle that requires an independent judiciary; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination and hold decision makers accountable;1. Underlines that fair and accessible justice is a basic rule of law (RoL) principle that requires an independent judiciary; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination, access effective legal remedies and hold decision makers accountable, while ending impunity;

Amendment 16

Motion for a resolution

Paragraph 1 a (new)

Motion for a resolutionAmendment
1a. Reiterates the strong support of the EU for the International Court of Justice and the International Criminal Court (ICC) as essential, independent and impartial jurisdictional institutions amid a particularly challenging time for international justice; highlights the Council conclusions on EU Priorities in UN Human Rights Fora in 2025 of 27 January 2025 recalling the need to fully implement the International Court of Justice orders, which are legally binding;

Amendment 17

Motion for a resolution

Paragraph 1 b (new)

Motion for a resolutionAmendment
1b. Calls for the Union, its Member States and the candidate and potential candidate countries to continue to support the ICC, and those cooperating with and supporting the court, including civil society organisations and human rights defenders, with all the necessary means and resources, including the activation of the EU Blocking Statute, and to use all instruments at their disposal to strengthen the fight against impunity worldwide; recalls that full compliance with ICC decisions is an integral part of the obligations of EU candidate and potential candidate countries; calls for the Union to support candidate and potential candidate countries in achieving this goal;

Amendment 18

Motion for a resolution

Paragraph 2

Motion for a resolutionAmendment
2. Notes that the Commission has found structural challenges to improving the efficiency of the judiciary of some Member States37 ; stresses the need for transparent and merit-based appointments for high-level judicial positions, without political interference;2. Notes that the Commission has found structural challenges to improving the efficiency and independence of the judiciary of some Member States37 and of the candidate and potential candidate countries; stresses the need for transparent and merit-based appointments for high-level judicial positions, without political interference; condemns the increasing trend of the instrumentalisation of the judiciary around the world; expresses concerns about the revolving doors in the judiciary and the fact that attempted interference and pressure on the judicial system by public officials or politicians still remain high in some candidate and potential candidate countries, contributing to undermining the public trust in the judiciary; cautions against undermining independent judicial structures; welcomes the fact that there have been some positive developments in some candidate and potential candidate countries as accountability has been strengthened thanks to the vetting of all judges and prosecutors;
____________________________________
37 Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report’ (COM(2024)0800), Annex with recommendations, pp. 1, 9, 11, 19 and 24.37 Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report’ (COM(2024)0800), Annex with recommendations, pp. 1, 9, 11, 19 and 24.

Amendment 19

Motion for a resolution

Paragraph 2 a (new)

Motion for a resolutionAmendment
2a. Regrets that in the candidate and potential candidate countries the length of proceedings and the number of unresolved cases remain high; stresses that in these countries efforts should be continued to increase the number of criminal prosecutions and final sentences, especially in high-level cases; stresses that more efforts should be taken in regard to the digitalisation of case management;

Amendment 20

Motion for a resolution

Paragraph 6

Motion for a resolutionAmendment
6. Notes the trend of some Member States delaying or not implementing CJEU judgments and calls for the implementation of these judgments to be prioritised;6. Notes the trend of some Member States and candidate and potential candidate countries delaying or not implementing CJEU judgments and the recommendations of the Venice Commission, and calls for the implementation of these judgments to be prioritised;

Amendment 21

Motion for a resolution

Paragraph 6 a (new)

Motion for a resolutionAmendment
6a. Stresses that corruption enables and aggravates human rights violations and abuses, as well as the erosion of democratic principles; recalls that corruption is a threat which can destroy democracies and undermine citizens’ trust in public institutions, and that the branches of power must not use their power for personal gain; insists on the need for the EU to take clear steps to recognise the close link between corruption and human rights violations in order to target economic and financial enablers of human rights abusers;

Amendment 22

Motion for a resolution

Paragraph 6 b (new)

Motion for a resolutionAmendment
6b. Expresses its concerns for the fact that corruption remains a serious concern in candidate and potential candidate countries; reiterates its call on the candidate and potential candidate countries to adopt and implement all reforms needed to address persisting shortcomings in fighting against corruption at all levels and organised crime; calls on the Member States to support candidate and potential candidate countries in adhering to the highest possible standards in order to prevent corruption;

Amendment 23

Motion for a resolution

Paragraph 7

Motion for a resolutionAmendment
7. Calls on the Member States to enhance transparency and accountability in public institutions by strengthening anti-corruption frameworks, ensuring the establishment of independent oversight bodies, fostering protection for whistle-blowers, improving integrity frameworks and lobbying for legislation; regrets the lack of relevant progress made in tackling high-level corruption in some Member States;7. Calls on the Member States and the candidate and potential candidate countries to enhance transparency and accountability in public institutions by strengthening anti-corruption frameworks, ensuring the establishment of independent oversight bodies, fostering protection for whistle-blowers, improving integrity frameworks and lobbying for legislation; regrets the lack of relevant progress made in tackling high-level corruption in some Member States;

Amendment 24

Motion for a resolution

Paragraph 7 a (new)

Motion for a resolutionAmendment
7a. Reiterates its call for the EU’s Global Human Rights Sanctions Regime (EU Magnitsky Act) to be extended to cover acts of corruption; notes that the decision currently lies with the European Council and therefore urges the Member States to take swift action to ensure that perpetrators of serious acts of corruption can be sanctioned at EU level, by banning them from EU territory, freezing their assets in the EU and prohibiting any EU person or entity from making funds and economic resources available to them;

Amendment 25

Motion for a resolution

Paragraph 7 b (new)

Motion for a resolutionAmendment
7b. Strongly encourages the Union and its Member States to help candidate and potential candidate countries in their efforts to pursue their ambitious commitment to make freedom, democracy and human rights, and the protection thereof, a central element of all their national policies in a streamlined manner, thus promoting regional stability, democratic governance and respect for human rights;

Amendment 26

Motion for a resolution

Paragraph 8

Motion for a resolutionAmendment
8. Welcomes initiatives such as the European Media Freedom Act (EMFA)39 and calls for its swift implementation; calls on the Member States to improve transparency in the allocation of state advertising; calls on the Commission to provide the Member States with the necessary assistance for transposing the EMFA;8. Welcomes initiatives such as the European Media Freedom Act (EMFA)39 and calls for its swift implementation; calls on the Member States and the candidate and potential candidate countries to improve transparency in the allocation of state advertising; calls on the Commission to provide the Member States with the necessary assistance for transposing the EMFA;
____________________________________
39 Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act) (OJ L, 2024/1083, 17.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1083/oj).39 Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act) (OJ L, 2024/1083, 17.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1083/oj).

Amendment 27

Motion for a resolution

Paragraph 8 a (new)

Motion for a resolutionAmendment
8a. Is deeply concerned about the increasing number of strategic lawsuits against public participation (SLAPP) cases, including in candidate and potential candidate countries; urges the Union to support quality media and news outlets in candidate and potential candidate countries which promote the accountability of the authorities and support democracy, while stressing the need to preserve the principles of pluralism, transparency and independence; condemns the widespread use of SLAPPs to silence journalists, activists, trade unionists and human rights defenders (HRDs) globally; welcomes, in this context, the Union directive1a designed to shield journalists and HRDs from abusive legal actions and SLAPPs; encourages lawmakers in candidate and potential candidate countries to develop legislation pursuing the same goal, as part of broader efforts to promote and protect media freedom and pluralism; ___________________ 1a Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) (OJ L, 2024/1069, 16.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1069/oj).

Amendment 28

Motion for a resolution

Paragraph 10

Motion for a resolutionAmendment
10. Urges the Member States to protect media freedom and pluralism, prevent the concentration of media ownership and combat disinformation, particularly through robust laws and independent regulators; underlines the democratic importance of independent, stable public broadcasting and the need to ensure the funding of public service media;10. Urges the Member States and candidate and potential candidate countries to protect media freedom and pluralism, prevent the concentration of media ownership and combat disinformation, particularly through robust laws and independent regulators; underlines the democratic importance of independent, stable public broadcasting and the need to ensure adequate, sustainable and predictable funding of independent public service media;

Amendment 29

Motion for a resolution

Paragraph 10 a (new)

Motion for a resolutionAmendment
10a. Expresses concerns about the overlap of business and political interests, the lack of transparency of financing sources, the high concentration of media ownership, intimidation and precarious working conditions for journalists, which impact the state of media independence and pluralism in some candidate and potential candidate countries; regrets that the lack of independence of media regulators and public broadcasters is a persisting issue in multiple candidate and potential candidate countries; emphasises that education is a key tool for safeguarding media freedom and freedom of speech, helping to fight disinformation; stresses the need to build societal resilience against information manipulation and foreign interference, as well as other hybrid threats;

Amendment 30

Motion for a resolution

Paragraph 11

Motion for a resolutionAmendment
11. Strongly condemns state control and political interference in media operations and calls for greater efforts to ensure the safety and protection of journalists;11. Strongly condemns state control and political interference in media operations and calls for greater efforts to ensure the safety and protection of journalists in their effort to effectively and independently carry out their tasks;

Amendment 31

Motion for a resolution

Paragraph 11 a (new)

Motion for a resolutionAmendment
11a. Stresses that foreign interference has become a key element of the foreign policy of authoritarian regimes, which use it to undermine the rules-based global order and to sow discord between democracies around the world, including through social media; calls on candidate and potential candidate countries to take action against foreign interference and information manipulation within their jurisdiction;

Amendment 32

Motion for a resolution

Paragraph 11 b (new)

Motion for a resolutionAmendment
11b. Recalls the crucial role played by journalists, including political and investigative journalists, in denouncing human rights violations by gathering reliable and relevant information, monitoring the activities of public authorities and elected representatives, and revealing violations of national and international law, state repression, corruption, criminal networks and activities and human rights violations of every kind; stresses that journalists contribute to the system of checks and balances necessary for holding to account those responsible for violations, including those in power; highlights the role played by fact checkers in the media landscape, ensuring that the public can trust the information they receive; is concerned that they are therefore major targets for attacks by illiberal regimes that create and spread disinformation, propaganda and fake news;

Amendment 33

Motion for a resolution

Paragraph 11 c (new)

Motion for a resolutionAmendment
11c. Calls for journalists to be protected so that they can do their job without fear, reprisals or harassment; calls on Member States to help candidate and potential candidate countries to adopt legislation and policies drawing on journalists’ experience, in line with Union legislation and standards, with the aim of establishing a legal environment to warn and protect journalists, to prevent and vigorously prosecute cases of repression of journalists and to ensure appropriate investigations and follow-up, including the application of effective, proportionate and dissuasive sanctions; urges the authorities to do everything in their power to prevent such violence, ensure accountability and eradicate impunity;

Amendment 34

Motion for a resolution

Paragraph 12

Motion for a resolutionAmendment
12. Agrees with the Commission’s assessment that civil society organisations (CSOs) and human rights defenders (HRDs) are essential for the balance of power;12. Agrees with the Commission’s assessment that civil society organisations (CSOs) and human rights defenders (HRDs) are essential for the balance of power; praises the work of CSOs and HRDs and stresses their crucial role as the EU’s partners in its efforts to safeguard and advance human rights, democracy and the rule of law; underlines in particular the importance of local vibrant civil societies in the candidate and potential candidate countries, which play a constructive role in the EU accession processes, while underlining that civil society is vital in fostering democracy and pluralism and promoting good governance, as well as social progress, and that the candidate and potential candidate countries should provide an enabling space and an appropriate framework for cooperation to ensure their meaningful involvement;

Amendment 35

Motion for a resolution

Paragraph 13

Motion for a resolutionAmendment
13. Is concerned by the growing trend of CSOs and HRDs facing further legal restrictions, a lack of funding, and attacks; calls for an enabling and supportive framework for civil society and reiterates the importance of adopting the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 to protect CSOs; considers that the Commission and the Member States should expand funding for CSOs;13. Is concerned by the growing trend of CSOs and HRDs facing further legal restrictions, a lack of funding, attacks, arbitrary arrests and detentions, among others; expresses serious concerns regarding the use of digital spyware and vicious smear campaigns regularly launched against CSOs in some candidate and potential candidate countries; highlights the increasing tendency of transnational repression; calls for an enabling and supportive framework for civil society and reiterates the importance of adopting the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 to protect CSOs; considers that the Commission, the Member States and the candidate and potential candidate countries should expand funding for CSOs;

Amendment 36

Motion for a resolution

Paragraph 13 a (new)

Motion for a resolutionAmendment
13a. Condemns in the strongest terms the adoption of laws on ‘foreign agents’ by candidate and potential candidate countries with the aim of censoring journalists, human rights defenders and educational and civil society organisations; deeply regrets that authorities in an increasing number of candidate and potential candidate countries are working on such plans and urges them to immediately abandon these plans;

Amendment 37

Motion for a resolution

Paragraph 13 b (new)

Motion for a resolutionAmendment
13b. Urges the Commission and the Member States to express stronger and more vocal support for the citizens and organisations that advocate for the respect of the rule of law, fundamental and human rights and freedoms in the candidate and potential candidate countries, including through their participation in peaceful protests;

Amendment 38

Motion for a resolution

Paragraph 16

Motion for a resolutionAmendment
16. Calls for the legal protection of women, for gender-based violence to be added as a crime under EU law, for an EU proposal on consent-based rape laws and for access to safe, legal abortion to be enshrined in the Charter;16. Calls for the legal protection of women, for gender-based violence to be added as a crime under EU law, for an EU proposal on consent-based rape laws and for access to safe, legal abortion to be enshrined in the Charter; calls on all candidate and potential candidate countries to adopt and fully implement national strategies on gender equality and national strategies for the prevention of and protection against discrimination; stresses that more efforts should be made to counter hate crimes and prevent violence against women, children and minorities;

Amendment 39

Motion for a resolution

Paragraph 17

Motion for a resolutionAmendment
17. Underlines that all citizens, regardless of their nationality, place of birth or regularity of arrival in the Member States, must be equal before the law and encourages the Commission and the Member States to further tackle nationality-based discrimination; calls on the Commission to ensure that the Member States respect the RoL in their national plans when implementing the Pact on Migration and Asylum;17. Underlines that all citizens, regardless of their nationality, race, place of birth or regularity of arrival in the Member States and the candidate and potential candidate countries, must be equal before the law, be able to fully exercise their rights, enjoy equal and human treatment and have access to fair international protection procedure in full compliance with international law and the non-refoulement principle; encourages the Commission, the Member States and the candidate and potential candidate countries to further tackle nationality-based discrimination; calls on the Commission to ensure that the Member States respect the rule of law and the principles enshrined in the EU Charter of Fundamental Rights and in international law in their national plans when implementing the Pact on Migration and Asylum;

Amendment 40

Motion for a resolution

Paragraph 19

Motion for a resolutionAmendment
19. Highlights the importance of the RoL in ensuring the functioning of the single market and reaffirms that judicial systems, effective anti-corruption frameworks and the protection of media freedom are crucial for fair competition, legal certainty and trust among economic operators43 ;19. Highlights the importance of the RoL in ensuring the functioning of the single market and reaffirms that judicial systems, effective anti-corruption frameworks and the protection of media freedom are crucial for fair competition, legal certainty and trust among economic operators43; notes the harmonisation resulting from the adoption of the Directive on corporate sustainability due diligence43a with binding Union rules on responsible corporate behaviour with regard to human, labour and environmental rights; further welcomes the Regulation on prohibiting products made with forced labour on the Union market43b and calls for its swift implementation at Member State level; further stresses that by enhancing transparency and legal recourse, harmonisation aims to uphold human rights, protect the environment and foster responsible business practices within the EU and beyond;
____________________________________
43 Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report’, (COM(2024)0800), p. 5.43 Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report’, (COM(2024)0800), p. 5. 43a Directive (EU) 2024/1760 of the European Parliament and of the Council of 13 June 2024 on corporate sustainability due diligence and amending Directive (EU) 2019/1937 and Regulation (EU) 2023/2859 (OJ L, 2024/1760, 5.7.2024, ELI: http://data.europa.eu/eli/dir/2024/1760/oj). 43b Regulation (EU) 2024/3015 of the European Parliament and of the Council of 27 November 2024 on prohibiting products made with forced labour on the Union market and amending Directive (EU) 2019/1937 (OJ L, 2024/3015, 12.12.2024, ELI: http://data.europa.eu/eli/reg/2024/3015/oj).

Amendment 41

Motion for a resolution

Paragraph 20 a (new)

Motion for a resolutionAmendment
20a. Emphasises that the allocation of EU funding must be directly linked to the respect for the rule of law, democratic principles and human rights; calls on the Commission to implement clear and binding conditionality mechanisms with a view to ensuring that both EU Member States and non-EU countries receiving EU financial assistance comply with these core values as enshrined in Article 2 TEU; underlines that any persistent breach of these values should lead to the suspension or reduction of EU funds; highlights that this conditionality should equally apply to candidate and potential candidate countries;

Amendment 42

Motion for a resolution

Paragraph 22 a (new)

Motion for a resolutionAmendment
22a. Welcomes the active engagement of the candidate and potential candidate countries in the implementation of the new growth plan for the Western Balkans and encourages the candidate and potential candidate countries to implement their Reform Agendas, which are essential to spur growth and convergence with the EU;

Amendment 43

Motion for a resolution

Paragraph 22 b (new)

Motion for a resolutionAmendment
22b. Urges the European Union and the candidate and potential candidate countries to increase the number and budget proportion of EU funds that are allocated directly to local authorities, in line with the principle of subsidiarity;

Amendment 44

Motion for a resolution

Paragraph 23 a (new)

Motion for a resolutionAmendment
23a. Is alarmed at the increasing disputes over the credibility of elections in candidate and potential candidate countries; strongly condemns the numerous and serious electoral violations, which include, but are not limited to, documented cases of intimidation, manipulation of votes and interference with election observation and media; calls on the candidate and potential candidate countries to apply the recommendations made by international election observation bodies, in particular those of the EU;

Amendment 45

Motion for a resolution

Paragraph 24

Motion for a resolutionAmendment
24. Calls on the Member States to strengthen the independence of national oversight bodies in order to ensure resources and freedom from political interference; stresses the importance of civil society and HRDs in promoting accountability and protecting fundamental rights; deplores restrictions on civil society activity;24. Calls on the Member States to strengthen the independence of national oversight bodies in order to ensure resources and freedom from political interference; stresses the importance of civil society and HRDs in promoting accountability and protecting fundamental rights; is concerned about the continuing shrinking of the space for civil society and the growing threats to the work of HRDs and CSOs; encourages the Union to provide support to candidate and potential candidate countries in order to create a favourable and enabling environment for human rights defenders and civil society organisations to operate freely in their country; calls for the full and consistent application of the Union guidelines on human rights defenders in candidate and potential candidate countries;

Amendment 46

Motion for a resolution

Paragraph 24 a (new)

Motion for a resolutionAmendment
24a. Notes with concern that deep political polarisation present in some candidate and potential candidate countries is having a negative impact on the work of parliaments and that elements of state capture are still present in the region;

Amendment 47

Motion for a resolution

Paragraph 25

Motion for a resolutionAmendment
25. Is concerned about foreign interference in the Member States, including social media manipulation and disinformation; notes the unacceptable initiatives of Elon Musk to use social media platforms to manipulate public opinion in various Member States; calls on the Commission and the Member States to monitor this and to apply the Digital Services Act44 and the Digital Markets Act45 , including in response to Meta’s recent decision on fact-checking mechanisms;25. Is concerned about foreign interference in the Member States, including social media manipulation and disinformation, notably conducted by the Russian regime; notes the unacceptable initiatives of Elon Musk to use social media platforms to manipulate public opinion in various Member States; calls on the Commission and the Member States to monitor this and to apply the Digital Services Act44 and the Digital Markets Act45 , including in response to Meta’s recent decision on fact-checking mechanisms;
____________________________________
44 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).44 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).
45 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1, ELI: https://data.europa.eu/eli/reg/2022/1925/oj).45 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1, ELI: https://data.europa.eu/eli/reg/2022/1925/oj).

Amendment 48

Motion for a resolution

Paragraph 26

Motion for a resolutionAmendment
26. Encourages the Commission to use clearer language to evaluate compliance with the values enshrined in Article 2 TEU; calls for a greater focus on implementing country-specific recommendations, with follow-up mechanisms and measurable benchmarks; proposes a comprehensive RoL monitoring mechanism involving all EU institutions, Member States and candidate countries in order to foster uniformity; suggests creating a permanent group to monitor RoL violations by Member States;26. Encourages the Commission to use clearer language to evaluate compliance with the values enshrined in Article 2 TEU; calls for a greater focus on implementing country-specific recommendations, with follow-up mechanisms and measurable benchmarks; proposes a comprehensive RoL monitoring mechanism involving all EU institutions, Member States and candidate and potential candidate countries in order to foster uniformity; suggests creating a permanent group to monitor RoL violations by Member States and candidate and potential candidate countries;

Amendment 49

Motion for a resolution

Paragraph 27

Motion for a resolutionAmendment
27. Stresses the importance of independent judicial systems and access to free legal aid for ensuring equal access to justice; reiterates that adequate resources, including infrastructure and personnel, are crucial for improving justice systems;27. Stresses the importance of independent judicial systems and access to free legal aid for ensuring equal access to justice; reiterates that adequate resources, including infrastructure and politically and financially independent personnel, are crucial for improving justice systems;

Amendment 50

Motion for a resolution

Paragraph 28 a (new)

Motion for a resolutionAmendment
28a. Calls on the Commission to evaluate prisons and detention conditions in its rule of law reports, including by including data collection on overcrowding, inadequate living conditions and rates of prisoners’ suicides; calls on the Member States and the candidate and potential candidate countries to allocate adequate resources to modernise prisons, and encourages them to take into account the specific needs of vulnerable individuals, such as women and people with disabilities;

Amendment 51

Motion for a resolution

Paragraph 29

Motion for a resolutionAmendment
29. Calls on the Member States to ensure media freedom, independence and pluralism and to fight disinformation; urges swift implementation of the EMFA;29. Calls on the Member States and candidate and potential candidate countries to ensure media freedom, independence and pluralism and to fight disinformation; urges swift implementation of the EMFA;

Amendment 52

Motion for a resolution

Paragraph 30

Motion for a resolutionAmendment
30. Highlights the role of civil society and independent oversight bodies in monitoring and supporting the implementation of the RoL Report’s recommendations; calls for a structured civil dialogue framework to integrate civil society contributions into the annual RoL cycle, as recommended by the European Economic and Social Committee (EESC)46 and civil society networks47; reiterates the importance of broad consultation when drafting the report;30. Highlights the role of civil society and independent oversight bodies in monitoring and supporting the implementation of the RoL Report’s recommendations and condemns any attack against them; calls for a structured civil dialogue framework to integrate civil society contributions into the annual RoL cycle, as recommended by the European Economic and Social Committee (EESC)46 and civil society networks47; reiterates the importance of broad consultation with politically independent bodies when drafting the report;
____________________________________
46 EESC opinion of 14 February 2024 entitled ‘Strengthening civil dialogue and participatory democracy in the EU: a path forward’.46 EESC opinion of 14 February 2024 entitled ‘Strengthening civil dialogue and participatory democracy in the EU: a path forward’.
47 Civil Society Europe, ‘Joint Civil Society Contribution on Civic Space to the 2024 Annual Rule of Law Report’, June 2024.47 Civil Society Europe, ‘Joint Civil Society Contribution on Civic Space to the 2024 Annual Rule of Law Report’, June 2024.

Amendment 53

Motion for a resolution

Paragraph 31

Motion for a resolutionAmendment
31. Stresses that peaceful assembly and freedom of association and expression are fundamental rights protected by international law and are essential for democracy and government accountability; condemns the increased pressure on these rights and notes the trend of restricting them; calls on the Member States to thoroughly investigate the excessive use of force and discriminatory treatment by law enforcement agencies;31. Stresses that peaceful assembly and freedom of association and expression are fundamental rights protected by international law and are essential for democracy and government accountability; condemns the increased pressure on these rights and notes the trend of restricting them; calls on the Member States to thoroughly investigate the excessive use of force and discriminatory treatment by law enforcement agencies; strongly condemns any violent attacks against peaceful protesters;

Amendment 54

Motion for a resolution

Paragraph 32

Motion for a resolutionAmendment
32. Considers that the Commission and the Member States should improve funding mechanisms for CSOs and initiatives that strengthen the judiciary and uphold court independence; recommends that the Commission draft a strategy for protecting civil society and HRDs;32. Considers that the Commission, the Member States and the candidate and potential candidate countries should improve funding mechanisms for CSOs and initiatives that strengthen the judiciary and uphold court independence; recommends that the Commission draft a strategy for protecting civil society and HRDs, and that the EU Guidelines on Human Rights Defenders be fully implemented;

Amendment 55

Motion for a resolution

Paragraph 35

Motion for a resolutionAmendment
35. Stresses the importance of embedding RoL milestones in funding instruments such as the RRF; deplores the release of EU funds to Hungary despite deficiencies in that country’s judicial independence and anti-corruption frameworks; recommends suspending disbursements until all RoL benchmarks are met;35. Stresses the importance of embedding RoL milestones in funding instruments, both internal and external, such as the RRF; deplores the release of EU funds to Hungary despite deficiencies in that country’s judicial independence and anti-corruption frameworks; recommends suspending disbursements until all RoL benchmarks are met;

Amendment 56

Motion for a resolution

Paragraph 35 a (new)

Motion for a resolutionAmendment
35a. Recalls the fundamental role of the Instrument for Pre-Accession Assistance as a Union instrument to support the rule of law, democracy and human rights in candidate and potential candidate countries, including the strengthening of democratic institutions and civil society organisations, as well as progress on good governance and the fight against corruption, the promotion and protection of non-discrimination and gender equality and the strengthening of capacities for conflict prevention and resolution; stresses the importance of strictly applying the conditionality mechanisms as enshrined in the Instrument for Pre-Accession Assistance and in the Reform and Growth Facility for the Western Balkans in a transparent manner; recommends that any progress and failures be actively communicated in order to leverage the instruments’ impact on triggering reforms and with a view to improving the authorities’ accountability towards their citizens; calls on the Commission and the European External Action Service to share all relevant information with Parliament in order to enable it to play its role accordingly; reiterates its call on the Commission to implement the recommendations of the European Court of Auditors’ Special Report 01/2022, in order to ensure the effective impact of EU financial assistance in support of the rule of law in the Western Balkans;

Amendment 57

Motion for a resolution

Paragraph 35 b (new)

Motion for a resolutionAmendment
35b. Calls for the EU and all candidate and potential candidate countries to establish a framework for effective cooperation between the European Public Prosecutor’s Office (EPPO) and the accession countries in order to facilitate close cooperation and prosecution in cases of misuse of EU funds; welcomes the working agreements that some candidate and potential candidate countries have concluded with the EPPO; regrets that cooperation with EPPO is not fully in place in all candidate and potential candidate countries;

Amendment 58

Motion for a resolution

Paragraph 35 c (new)

Motion for a resolutionAmendment
35c. Recommends that the accession process be carefully monitored and evaluated, in particular when it comes to democratic backsliding, on the basis of a clear set of benchmarks; stresses that accession to the Union remains a merit-based process that requires the adoption and implementation of relevant reforms, in particular on democracy, the rule of law and human rights;

Amendment 59

Motion for a resolution

Paragraph 37

Motion for a resolutionAmendment
37. Recommends that the Commission and the Member States monitor foreign interference, particularly social media use for manipulation and malicious purposes, including its use by individuals such as Elon Musk to influence public opinion and spread disinformation in Europe; underlines that the Commission must ensure that the RoL is properly implemented within the EU institutions and calls for the inclusion of the EU institutions in its annual RoL report evaluation;37. Recommends that the Commission, the Member States and candidate and potential candidate countries monitor foreign interference, particularly social media use for manipulation and malicious purposes, including its use by individuals such as Elon Musk to influence public opinion and spread disinformation in Europe; underlines that the Commission must ensure that the RoL is properly implemented within the EU institutions and calls for the inclusion of the EU institutions in its annual RoL report evaluation;

Amendment 60

Motion for a resolution

Paragraph 37 a (new)

Motion for a resolutionAmendment
37a. Warns against the high likelihood of foreign interference methods being employed in order to influence the outcomes of upcoming elections in the EU and in the candidate and potential candidate countries and insists on thorough monitoring and taking rapid and effective preventive measures to combat potential foreign interference when identified; calls for the Union and its Member States to ensure that all necessary assistance is provided to candidate and potential candidate countries to strengthen their institutional mechanisms, in order to respond to hybrid threats from foreign actors seeking to undermine the fundamental rights of the people of the candidate and potential candidate countries and distort their democratic will, including by interfering in the candidate and potential candidate countries’ elections;

Amendment 61

Motion for a resolution

Paragraph 38

Motion for a resolutionAmendment
38. Welcomes the Commission’s initiative to include Albania, Montenegro, North Macedonia and Serbia in its annual RoL report and encourages a close evaluation of the RoL in these accession countries;38. Welcomes the Commission’s initiative to include Albania, Montenegro, North Macedonia and Serbia in its annual RoL report and encourages a close evaluation of the RoL in these accession countries; stresses the importance of protecting and monitoring the rights of minorities, including ethnic and religious minorities, in these countries; considers that the inclusion of candidate and potential candidate countries in the future RoL reports, alongside the Member States, 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; notes that the RoL report does not include recommendations for these accession countries; further notes that the Commission Enlargement Report, does offer some recommendations on the state of the RoL in these accession countries, however, not in a uniform manner; encourages the Commission to provide concrete recommendations to accession countries on the state of the RoL, and to ensure alignment with the Enlargement Report; calls on the Commission to extend the geographical scope of its RoL reports to cover all candidate and potential candidate countries;

Amendment 62

Motion for a resolution

Paragraph 38 a (new)

Motion for a resolutionAmendment
38a. Urges the Commission and the Member States at all levels to fairly and consistently apply the rule of law conditionality in the accession process of the countries currently negotiating their EU membership, and to clearly and consistently communicate, including publicly, shortcomings that, if not tackled, risk blocking the accession process; urges the Commission to further encourage countries of the Western Balkans to actively protect the rule of law and fundamental and human rights and freedoms, including by delivering the reforms set out in their Reform Agendas under the Reform and Growth Facility for the Western Balkans;

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur for the opinion declares under her exclusive responsibility that she 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.

INFORMATION ON ADOPTION BY THE COMMITTEE ASKED FOR OPINION

Date adopted9.4.2025
Result of final vote+: –: 0:53 14 9
Members present for the final voteMika Aaltola, Lucia Annunziata, Petras Auštrevičius, Jordan Bardella, Dan Barna, Wouter Beke, Robert Biedroń, Adam Bielan, Marc Botenga, Helmut Brandstätter, Sebastião Bugalho, Petr Bystron, Tobias Cremer, Özlem Demirel, Elio Di Rupo, Michael Gahler, Alberico Gambino, Geadis Geadi, Giorgos Georgiou, Raphaël Glucksmann, Christophe Gomart, Bernard Guetta, Hana Jalloul Muro, Rasa Juknevičienė, Rihards Kols, Andrey Kovatchev, Vilis Krištopans, Nathalie Loiseau, Reinhold Lopatka, Antonio López-Istúriz White, Jaak Madison, Marion Maréchal, Costas Mavrides, David McAllister, Vangelis Meimarakis, Sven Mikser, Francisco José Millán Mon, Arkadiusz Mularczyk, Hannah Neumann, Leoluca Orlando, Kostas Papadakis, Tonino Picula, Nacho Sánchez Amor, Mounir Satouri, Andreas Schieder, Alexander Sell, Davor Ivo Stier, Sebastiaan Stöteler, Stanislav Stoyanov, Marie-Agnes Strack-Zimmermann, Marta Temido, Riho Terras, Hermann Tertsch, Pierre-Romain Thionnet, Sebastian Tynkkynen, Reinier Van Lanschot, Roberto Vannacci, Hilde Vautmans, Nicola Zingaretti
Substitutes present for the final voteJaume Asens Llodrà, Pernando Barrena Arza, Jan Farský, Emmanouil Kefalogiannis, Merja Kyllönen, Ilhan Kyuchyuk, András László, Liudas Mažylis, Marco Tarquinio, Ingeborg Ter Laak, Matej Tonin, Ivaylo Valchev, Matthieu Valet, Thomas Waitz
Members under Rule 216(7) present for the final voteJüri Ratas, Adrián Vázquez Lázara, Annamária Vicsek

OPINION OF THE COMMITTEE ON LEGAL AFFAIRS

for the Committee on Civil Liberties, Justice and Home Affairs

on the Commission’s 2024 Rule of Law report

(2024/2078(INI))

Rapporteur for opinion: Ilhan Kyuchyuk

AMENDMENTS

The Committee on Legal Affairs submits the following to the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible:

Amendment 1

Motion for a resolution

Citation 5

Motion for a resolutionAmendment
– having regard to the Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report – The rule of law situation in the European Union’ (COM(2024)0800),– having regard to the Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report – The rule of law situation in the European Union’ (COM(2024)0800), and the annex to this communication covering recommendations for Member States,

Amendment 2

Motion for a resolution

Citation 7 a (new)

Motion for a resolutionAmendment
– having regard to Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union1a (recast) (Financial Regulation), in particular Article 6(3) thereof, ______________ 1a OJ L, 2024/2509, 26.9.2024, ELI: http://data.europa.eu/eli/reg/2024/2509/oj.

Amendment 3

Motion for a resolution

Citation 13

Motion for a resolutionAmendment
– having regard to the memorandum of understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 30 January 2023 on EU priorities for cooperation with the Council of Europe 2023-2024,– having regard to the memorandum of understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 17 December 2024 on EU priorities for cooperation with the Council of Europe in 2025-2026,

Amendment 4

Motion for a resolution

Citation 34 a (new)

Motion for a resolutionAmendment
– having regard to its resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded1a, ______________ 1a OJ C 125, 5.4.2023, p. 463.

Amendment 5

Motion for a resolution

Citation 44 a (new)

Motion for a resolutionAmendment
– having regard to the work of the two high-level conferences of the presidents of the highest EU constitutional jurisdictions that took place in November 2023, with the participation of the Court of Justice of the European Union and the European Court of Human Rights,

Amendment 6

Motion for a resolution

Citation 44 b (new)

Motion for a resolutionAmendment
– having regard to the 13th direct dialogue between EU heads of state and government and the Commission in January 2024, dedicated to the rule of law, and the resulting position paper,

Amendment 7

Motion for a resolution

Citation 44 c (new)

Motion for a resolutionAmendment
– having regard to special report 03/2024 of the European Court of Auditors on the rule of law in the EU,

Amendment 8

Motion for a resolution

Citation 45 a (new)

Motion for a resolutionAmendment
– having regard to its resolution of 24 April 2024 on ongoing hearings under Article 7(1) TEU regarding Hungary to strengthen the rule of law and its budgetary implications1a, ______________ 1a Texts adopted, P9_TA(2024)0367.

Amendment 9

Motion for a resolution

Citation 47

Motion for a resolutionAmendment
– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE), to the cooperation between the EU and the OSCE on democratisation, institution-building and human rights and to the annual OSCE hate crime report, in which participating states have committed themselves to passing legislation that provides for penalties that take into account the gravity of hate crime, to taking action to address under-reporting and to introducing or further developing capacity-building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes,– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE), to the cooperation between the EU and the OSCE on democratisation, institution-building and human rights and to the annual OSCE hate crime report, in which participating states have committed themselves to passing legislation that provides for penalties that take into account the gravity of hate crime, to taking action to address under-reporting and to introducing or further developing capacity-building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes, while ensuring respect for the principle of subsidiarity,

Amendment 10

Motion for a resolution

Citation 47 – a (new)

Motion for a resolutionAmendment
– having regard to the mission letter to Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection,

Amendment 11

Motion for a resolution

Recital A a (new)

Motion for a resolutionAmendment
Aa. whereas, as is apparent from Article 49 TEU, which provides for the possibility for any European state to apply for EU membership, the European Union is composed of states that have freely and voluntarily committed themselves to the common values referred to in Article 2 TEU, that respect those values and that undertake to promote them, with EU law being based on the fundamental premise that each Member State shares with all other Member States, and recognises that those Member States share with it, the same values, which is essential for the functioning of the single market and ensuring citizens’ trust in the EU institutions; whereas the Member States are required to prevent any regression in the protection of the values enshrined in Article 2 TEU, as in the current global economic and political context, consolidating citizens’ faith in the rule of law and the resilience of democracies at EU level, represents a crucial necessity; whereas there were certain historical differences in the definition of the rule of law (‘the rule of law’, ‘Rechtsstaatlichkeit’ and ‘l’état de droit’); whereas, nonetheless, it is commonly understood to include the principles of legality, legal certainty, prohibition of arbitrariness of the executive powers, effective judicial protection by independent and impartial courts, separation of powers, non-discrimination and equality before the law;

Amendment 12

Motion for a resolution

Recital A b (new)

Motion for a resolutionAmendment
Ab. whereas the annual rule of law reporting shows that the preparedness of Member States and the EU as a whole to detect, prevent and address emerging challenges has greatly improved since 2020;

Amendment 13

Motion for a resolution

Recital A c (new)

Motion for a resolutionAmendment
Ac. whereas, in the current global economic and political context, bolstering citizens’ trust in the rule of law and the resilience of democracies at EU level is a crucial factor;

Amendment 14

Motion for a resolution

Paragraph 1

Motion for a resolutionAmendment
1. Underlines that fair and accessible justice is a basic rule of law (RoL) principle that requires an independent judiciary; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination and hold decision makers accountable;1. Underlines that fair and accessible justice is a basic rule of law (RoL) principle that requires an independent judiciary and the absence of political interference in prosecution; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination and hold decision makers accountable; emphasises the importance of increasing transparency in the legislative process at EU level by publishing and disseminating rule of law monitoring reports in an accessible and clear manner, including through close collaboration with national parliaments, relevant universities and other relevant stakeholders, to ensure complete and accurate information for citizens and involved authorities;

Amendment 15

Motion for a resolution

Paragraph 2 a (new)

Motion for a resolutionAmendment
2a. Reiterates that an independent national judiciary, the separation of powers, the absence of political interference in prosecution from a procedural and institutional position, including policies of bidirectional revolving doors in key positions in the highest courts, as well as the absence of statements by public authorities that could influence a specific case, or other influence or interference by politicians, are a cornerstone of the rule of law and mutual trust, and that the lack thereof may be to the detriment of cross-border cooperation between judicial authorities1a and to the principle of sincere cooperation between the Union and the Member States as enshrined in Article 4(3) TEU; notes that the Commission found that the perceived level of judicial independence remains low in some Member States, and expresses concern over the judicial and constitutional reforms that are weakening the judiciary in some Member States;
__________________
1a Judgment of the Court of Justice of 25 July 2018, Minister for Justice and Equality v LM, C-216/18 PPU, ECLI:EU:C:2018:586; and cases C-562/21 PPU and C-563/21 PPU Openbaar Ministerie of 22 February 2022, ECLI:EU:C:2022:100.

Amendment 16

Motion for a resolution

Paragraph 2 b (new)

Motion for a resolutionAmendment
2b. Notes the importance of allocating additional resources to strengthening the resilience of justice systems, as adequate resources are crucial for their efficiency and accessibility; notes the Commission’s findings that, in some Member States, the levels of remuneration within the judiciary continue to pose challenges; underlines the important role of digitalisation in the transformation of national judiciaries;

Amendment 17

Motion for a resolution

Paragraph 2 c (new)

Motion for a resolutionAmendment
2c. Notes that national judicial councils are essential to guarantee the independence of the judiciary, including of judicial appointments and promotions1a; calls, in this regard, for the Commission, in its future Rule of Law reports, to place particular focus on the roles, structures and functioning of Member States’ national judicial councils, as part of its assessment of judicial independence; calls, in addition, for follow up on their periodic renewal, the transparency of their functioning, their ability to effectively exercise their functions in a fully independent manner not only in law, but also in practice, and the existence of adequate administrative and judicial remedies in relation to the management and administration of the justice system1b;
__________________
1a Appendix to Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe of 17 November 2010 entitled ‘Judges: independence, efficiency and responsibilities’, Chapter IV.
1b Judgment of the Court of Justice of 2 March 2021, A.B. and Others v Krajowa Rada Sądownictwa and Others, C-824/18, ECLI:EU:C:2021:153.

Amendment 18

Motion for a resolution

Paragraph 2 d (new)

Motion for a resolutionAmendment
2d. Reiterates that, in accordance with Article 19 TEU and Article 267 TFEU, national courts cannot be hindered from using the possibility of a reference for preliminary ruling to the CJEU, for example, by sanctioning national judges for using preliminary questions1a or vetting questions before they are sent1b; calls on the Commission to carry out a systematic check in this regard as part of its annual Rule of Law report, and to start infringement proceedings in cases where national judges face obstacles or hindrances in this regard;
__________________
1a Judgment of the Court of Justice of 15 July 2021, Commission v Poland, C-791/19, ECLI:EU:C:2021:596.
1b Judgment of the Court of Justice of 23 November 2021, IS, C-564/19, ECLI:EU:C:2021:949.

Amendment 19

Motion for a resolution

Paragraph 2 e (new)

Motion for a resolutionAmendment
2e. Points out the immense impact of the Rule of Law Conditionality Regulation as an EU tool to guarantee adherence to the rule of law and fight corruption in the EU, as confirmed by the CJEU1a; recalls, in this regard, that endangering judicial independence and limiting the availability and effectiveness of legal remedies are explicit examples of violations of the rule of law under the aforementioned regulation (Article 3); calls for the EU institutions to make maximum use of this tool in order to protect the independence of the judiciary in the Member States;
__________________
1a Judgment of the Court of Justice of 16 February 2022, Hungary v Parliament and Council, C-156/21, ECLI:EU:C:2022:97, and of 16 February 2022, Republic of Poland v Parliament and Council, C-157/21, ECLI:EU:C:2022:98.

Amendment 20

Motion for a resolution

Paragraph 2 f (new)

Motion for a resolutionAmendment
2f. Calls on the Commission to make full use of its toolbox of powers and instruments to ensure compliance with and address any existing and potential breaches of all the values enshrined in Article 2 TEU, ensuring no rule of law backsliding; underlines the need for far greater transparency and consistency in the application across tools, a stronger role for Parliament in scrutinising such measures, and the identification and closure of remaining gaps; indicates that the principle of mutual recognition of judicial decisions should be suspended in cases of systemic breaches, in line with CJEU case-law1a;
__________________
1a For example, case C-216/18 PPU, LM, ECLI:EU:C:2018:586.

Amendment 21

Motion for a resolution

Paragraph 2 g (new)

Motion for a resolutionAmendment
2g. Reiterates the need to establish a timeline, targets and concrete actions for the implementation of the recommendations in the annual Rule of Law report and to detail the possible consequences in the event of non-compliance, including the reference to specific instruments from the toolbox including budgetary tools; calls on the Commission, in the context of negotiations on the new Multiannual Financial Framework Regulation, to consider a performance-based mechanism for the disbursement of EU funds based on the respect for the values enshrined in Article 2 TEU; calls on the Commission to develop binding milestones and targets for each Member State based on the recommendations presented in the country chapters within the Commission’s annual Rule of Law report;

Amendment 22

Motion for a resolution

Paragraph 2 h (new)

Motion for a resolutionAmendment
2h. Reiterates the concerns expressed by the Venice Commission regarding certain systems for vetting judges, prosecutors and judicial candidates in some candidate countries, especially when conducted by the executive branch or by secret services, where extraordinary vetting might be justified only in exceptional circumstances1a;
__________________
1a European Commission for Democracy through Law (Venice Commission), ‘Compilation of Venice Commission opinions and reports concerning vetting of judges and prosecutors’, CDL-PI(2022)051, 19 December 2022.

Amendment 23

Motion for a resolution

Paragraph 2 i (new)

Motion for a resolutionAmendment
2i. Confirms that the annual Justice Scoreboard1a prepared by the Commission, measuring the efficiency, quality and independence of national judicial systems, is a valuable tool in the EU rule of law toolbox; calls for coherence between the annual Rule of Law report and the Justice Scoreboard regarding possible systemic deficiencies in the Member States;
__________________
1a See the Commission communication of 11 June 2024 entitled ‘2024 EU Justice Scoreboard’ (COM(2024)0950).

Amendment 24

Motion for a resolution

Paragraph 2 j (new)

Motion for a resolutionAmendment
2j. States that an important element of the state of the rule of law and fair proceedings are judicial procedures conducted in a reasonable time frame1a; notes, in that context, that the Justice Scoreboard indicates significant discrepancies across the EU legal area1b with regard to the average time in which civil, commercial and administrative cases are conducted; calls on the Commission to conduct a systematic annual check of the length of judicial proceedings as an element of the Rule of Law report, with a view to identifying persistent challenges in Member States and candidate countries in this regard1c;
__________________
1a ‘Justice delayed is justice denied.’
1b 2024 Justice Scoreboard, supra, Figure 5. The length of first instance cases ranges from a couple of days to almost 800 days among the different Member States.
1c In this regard, see also the case-law of the European Court of Human Rights, as referenced in: European Court of Human Rights, ‘Guide on Article 6 of the Convention – Right to a fair trial (civil limb)’, 2013, pp. 50-54.

Amendment 25

Motion for a resolution

Paragraph 3 a (new)

Motion for a resolutionAmendment
3a. Notes, with concern, the attempts to change parliamentary rules and allow for actions designed to prolong debates and delay or prevent votes, thus effectively restricting the ability to scrutinise and debate legislative proposals in the parliaments; stresses that undermining these democratic checks and balances weakens democratic pluralism and the fundamental principles of the rule of law in the European Union;

Amendment 26

Motion for a resolution

Paragraph 3 b (new)

Motion for a resolutionAmendment
3b. Proposes establishing clear deadlines for the implementation of court rulings, as well as a detailed monitoring plan for the implementation of pending judgments;

Amendment 27

Motion for a resolution

Paragraph 4 a (new)

Motion for a resolutionAmendment
4a. Recalls that equality and non-discrimination, in particular gender equality, are core values of the EU in accordance with Article 2 TEU, and that all EU citizens, including LGBTQIA+ persons, shall be able to live in safety, exercise their rights and fully realise their potential; condemns the increasing discrimination, hatred and violence against specific groups of people, such as LGBTQIA+, in some Member States; is deeply concerned about the discriminatory measures against the so-called ‘LGBTQIA+ propaganda’ and ‘gender ideology’; calls on the Commission and the Member States to combat discrimination in violation of Article 21 of the EU Charter of Fundamental Rights; notes, with concern, the Commission’s proposal to withdraw the proposed directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (2008/140/CNS); encourages Member States in the meantime to develop national mechanisms to combat discrimination; calls on the Commission to include hate speech under Article 83(1) TFEU and present legislative proposals to combat hate crimes and hate speech;

Amendment 28

Motion for a resolution

Paragraph 6

Motion for a resolutionAmendment
6. Notes the trend of some Member States delaying or not implementing CJEU judgments and calls for the implementation of these judgments to be prioritised;6. Underlines the fundamental role of the CJEU and the ECtHR in ensuring respect for the law, guaranteeing uniformity in the application of law and protecting the rights of European citizens; notes the trend of some Member States delaying or not implementing CJEU or ECtHR judgments and calls for the timely and effective implementation of these judgments to be prioritised, as non-implementation undermines the rule of law, fundamental rights and economic freedoms and may lead to sanctions, including financial measures (see Article 260 TFEU); urges the Commission, as the Guardian of the Treaties, to uphold its responsibility to enforce EU fundamental rights, and not rely solely on citizens going to court to ensure the application of EU law; calls on the Commission to monitor the implementation of the CJEU and ECtHR judgments relating to democracy, the rule of law and fundamental rights, and to fully integrate it into the annual Rule of Law report; urges the Commission, in particular, to systematically take action regarding failures to implement CJEU judgments under Article 260(2) TFEU;

Amendment 29

Motion for a resolution

Paragraph - 7 a (new)

Motion for a resolutionAmendment
-7a. Underlines that the fight against corruption is an essential pillar to protect democracy and the rule of law; highlights that corruption remains a major concern for EU citizens, harms businesses and negatively impacts prosperity and economic growth; reiterates that anti-corruption policies remain key to combat crime and inequalities as well as to foster citizens’ trust in institutions, transparency, good governance and social justice;

Amendment 30

Motion for a resolution

Paragraph 7

Motion for a resolutionAmendment
7. Calls on the Member States to enhance transparency and accountability in public institutions by strengthening anti-corruption frameworks, ensuring the establishment of independent oversight bodies, fostering protection for whistle-blowers, improving integrity frameworks and lobbying for legislation; regrets the lack of relevant progress made in tackling high-level corruption in some Member States;7. Calls on the Member States and the EU institutions to enhance transparency and accountability in public institutions by strengthening anti-corruption frameworks, fostering robust protection for whistle-blowers in line with the adopted Directive, improving integrity frameworks and transparency of lobbying for legislation; regrets the lack of relevant progress made in tackling high-level corruption in some Member States; notes, with concern, that certain reforms adopted in some Member States could weaken the anti-corruption and transparency frameworks, as they should be in line with international anti-corruption conventions; stresses that the Commission should monitor the progress and report on the effectiveness of the measures, proposing further actions if necessary; welcomes the adoption of anti-corruption strategies in several Member States, the Commission’s proposal for a directive on combating corruption, and the key role of the European Public Prosecutor’s Office (EPPO) in that regard;

Amendment 31

Motion for a resolution

Paragraph 7 a (new)

Motion for a resolutionAmendment
7a. Stresses that enforcement authorities must operate independently and free from political pressure in the exercise of their duties; notes that ensuring their impartiality is essential to upholding the rule of law, protecting fundamental rights and maintaining public trust in democratic institutions;

Amendment 32

Motion for a resolution

Paragraph 7 b (new)

Motion for a resolutionAmendment
7b. Acknowledges that the Committee on Legal Affairs (JURI), in dealing with immunities, does not discuss the relative merits of national legal and judicial systems or use alleged deficiencies in national judicial systems to justify a decision not to waive, or to defend, the immunity of a Member State; calls on the JURI Committee to thoroughly assess whether there is fumus persecutionis, that is, factual elements that indicate that the prosecution is not guided by legal but rather by political motives, while focusing on each case individually and based on the elements within the file;

Amendment 33

Motion for a resolution

Paragraph 8

Motion for a resolutionAmendment
8. Welcomes initiatives such as the European Media Freedom Act (EMFA)39 and calls for its swift implementation; calls on the Member States to improve transparency in the allocation of state advertising; calls on the Commission to provide the Member States with the necessary assistance for transposing the EMFA;8. Welcomes initiatives such as the European Media Freedom Act (EMFA)39, which aims to safeguard the independent functioning of public service media providers, mitigate the risk of undue public and private interference in editorial freedom of media service providers and promote a safe and enabling environment for journalists, and calls for its swift implementation; calls on the Member States to improve transparency in the allocation of state advertising; calls on the Commission to provide the Member States with the necessary assistance for transposing the EMFA; welcomes national initiatives aimed at creating a media registry to ensure the transparency, impartiality and verifiability of media ownership and reporting; stresses that the governing boards of public broadcasters shall be appointed through a transparent, open and non-discriminatory procedure, in full compliance with the aforementioned Regulation;
____________________________________
39 Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act) (OJ L, 2024/1083, 17.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1083/oj).39 Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024 establishing a common framework for media services in the internal market and amending Directive 2010/13/EU (European Media Freedom Act) (OJ L, 2024/1083, 17.4.2024, ELI: http://data.europa.eu/eli/reg/2024/1083/oj).

Amendment 34

Motion for a resolution

Paragraph 9

Motion for a resolutionAmendment
9. Calls on the Member States to fully implement the Anti-SLAPP (strategic lawsuits against public participation) Directive40 and Commission Recommendation (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’)41 , and to adopt comprehensive domestic anti-SLAPP measures to protect journalists and provide support for those facing risks;9. Calls on the Member States to fully implement the Anti-SLAPP (strategic lawsuits against public participation) Directive40 and Commission Recommendation (EU) 2022/758 of 27 April 202241 regarding the protection of persons, such as journalists, publishers, media organisations and others, and human rights defenders who engage in public participation on matters of public interest from manifestly unfounded or abusive court proceedings 41, and to adopt comprehensive domestic anti-SLAPP measures to protect journalists and other media actors, and provide support for those facing intimidation, defamation and limitations in the exercise of their profession; regrets that the situation for journalists in certain Member States is worsening, including the increasing number of SLAPP cases, legal intimidation, abuse of judicial tools and other precautionary procedures against journalists; calls on the Commission to explore ways of strengthening the legal framework in order to address SLAPP cases not covered under the current Directive;
____________________________________
40 Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) (OJ L, 2024/1069, 16.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1069/oj).40 Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) (OJ L, 2024/1069, 16.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1069/oj).
41 OJ L 138, 17.5.2022, p. 30., ELI: http://data.europa.eu/eli/reco/2022/758/oj.41 OJ L 138, 17.5.2022, p. 30., ELI: http://data.europa.eu/eli/reco/2022/758/oj.

Amendment 35

Motion for a resolution

Paragraph 10

Motion for a resolutionAmendment
10. Urges the Member States to protect media freedom and pluralism, prevent the concentration of media ownership and combat disinformation, particularly through robust laws and independent regulators; underlines the democratic importance of independent, stable public broadcasting and the need to ensure the funding of public service media;10. Urges the Member States to protect media freedom and pluralism, prevent the concentration of media ownership and combat disinformation, particularly through robust laws and independent regulators, taking into account the increasing threats against the EU and its Member States by foreign actors using disinformation, manipulation and cyberattacks aimed at undermining European democracy; underlines the democratic importance of independent, stable public broadcasting and the need to ensure the funding of public service media; expresses concern over the government and political interference faced by public service media in some Member States; is deeply concerned, in that regard, about the risks to journalists’ safety in the digital space and the reported cases of illegal use of spyware against journalists and activists, and strongly condemns such practices;

Amendment 36

Motion for a resolution

Paragraph 11

Motion for a resolutionAmendment
11. Strongly condemns state control and political interference in media operations and calls for greater efforts to ensure the safety and protection of journalists;11. Strongly condemns state control and political interference in media operations and calls for greater efforts to ensure the safety and protection of journalists, as well as to safeguard press freedom;

Amendment 37

Motion for a resolution

Paragraph 13

Motion for a resolutionAmendment
13. Is concerned by the growing trend of CSOs and HRDs facing further legal restrictions, a lack of funding, and attacks; calls for an enabling and supportive framework for civil society and reiterates the importance of adopting the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 to protect CSOs; considers that the Commission and the Member States should expand funding for CSOs;13. Recalls that independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of Union common values, and in contributing to the effective enjoyment of rights under Union law, including the Charter; appreciates that civil society organisations and professional associations representing groups such as judges, prosecutors or journalists, submit significant contributions to the Rule of Law report each year; notes that EU funding helps build the capacity of the judiciary, media and civil society to uphold the rule of law (see Citizens, Equality, Rights and Values programme and Justice programme); is concerned, however, by the growing trend in some Member States of CSOs and HRDs facing challenges, with new legal restrictions, a lack of funding, or physical or verbal attacks, the deplorable acceptance of such practices and the chilling effect thereof, including on their freedom of speech within the Member States1a and the EU institutions; considers that CSOs and HRDs play an essential supportive role in monitoring the compliance of Member States with the values enshrined in Article 2 TEU;
__________________
1a Judgments of the European Court of Human Rights, Drozd v. Poland, 15158/19 of 6 April 2023, and Mándli and Others v. Hungary, 63164/16 of 26 May 2020.

Amendment 38

Motion for a resolution

Paragraph 14

Motion for a resolutionAmendment
14. Recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in judicial proceedings; calls on the Commission to act in cases of non-compliance with these principles; recognises that free movement of persons within the EU should not be hindered by discriminatory practices;14. Recalls that, in accordance with Article 20 of the Charter, everyone is equal before the law, and further recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in judicial proceedings; stresses that governments cannot use their influence and power to adopt legislation that grants legal protection or unjustified advantages for their personal benefit, or that of their relatives or close associates, thereby generating inequality in the application of the law, as such practices undermine the rule of law, impact the independence of the judiciary and compromise citizens’ trust in democratic institutions; stresses that the principle of equality before the law is a fundamental pillar of the rule of law in the EU, and any legislative initiative must respect this principle to prevent conflicts of interest and uphold democratic integrity; calls on the Commission to act in cases of non-compliance with these principles; recognises that free movement of EU citizens within the EU, the right to reside freely within the territory of the Member States and the right to respect for private and family life, as enshrined in the Charter, should not be hindered by discriminatory practices, and that every citizen shall enjoy equal rights and be able to fully exercise their rights;

Amendment 39

Motion for a resolution

Paragraph 16

Motion for a resolutionAmendment
16. Calls for the legal protection of women, for gender-based violence to be added as a crime under EU law, for an EU proposal on consent-based rape laws and for access to safe, legal abortion to be enshrined in the Charter;16. Calls for the legal protection of women and LGBTQIA+ persons, for gender-based violence, both online and offline, and hatred to be added as crimes under EU law, for an EU proposal on consent-based rape laws and for access to safe, legal abortion to be enshrined in the Charter;

Amendment 40

Motion for a resolution

Paragraph 16 a (new)

Motion for a resolutionAmendment
16a. Welcomes the Commission’s proposals for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood; recalls Parliament’s opinion supporting the recognition of parenthood across the EU, irrespective of how a child is conceived, born or the type of family they have; regrets the lack of progress made in the Council in their adoption; calls on the Council to fully address these recommendations and protect children’s fundamental rights, act in the best interests of the child, increase legal certainty, and reduce discrimination against children of same-sex parents;

Amendment 41

Motion for a resolution

Paragraph 19

Motion for a resolutionAmendment
19. Highlights the importance of the RoL in ensuring the functioning of the single market and reaffirms that judicial systems, effective anti-corruption frameworks and the protection of media freedom are crucial for fair competition, legal certainty and trust among economic operators43 ;19. Highlights the importance of the RoL in ensuring the functioning of the single market, as the EU is built on the premise that each Member State shares the same values and principles enshrined under Article 2 TEU, and reaffirms that effective justice systems, including access to justice before independent and impartial courts, effective anti-corruption frameworks, good lawmaking under checks and balances and separation of powers, non-discrimination and equality before the law, and the protection of media freedom are crucial for fair competition, investment, jobs, legal certainty and mutual trust among economic operators43;
____________________________________
43 Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report’, (COM(2024)0800), p. 5.43 Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report’, (COM(2024)0800), p. 5.

Amendment 42

Motion for a resolution

Paragraph 20

Motion for a resolutionAmendment
20. Calls on the Commission to further develop a direct link between preventive and reactive instruments and to launch infringement procedures through the application of Article 7 TEU, the general conditionality mechanism and horizontal enabling conditions in the Charter;20. Calls on the Commission to further develop a direct link between preventive and reactive instruments and to launch relevant tools accordingly – infringement procedures, Article 7 TEU, the Rule of Law Conditionality Regulation and relevant provisions of the Financial Regulation and the Common Provisions Regulation – where the annual Rule of Law report indicates breaches of the rule of law, ensuring the application of the instruments is done in an impartial manner; regrets that there has been no progress in the ongoing Article 7(1) TEU procedure regarding Hungary; insists that in all proceedings related to Article 7 TEU, Parliament should be able to present its reasoned proposal to the Council, attend Article 7 TEU hearings and be promptly and fully informed at every stage of the procedure;

Amendment 43

Motion for a resolution

Paragraph 24 a (new)

Motion for a resolutionAmendment
24a. Underlines the recommendation of the Venice Commission that complaints and appeals in the case of electoral irregularities, in particular with regard to vote buying, ballot-box stuffing and incorrect vote counting, are to be followed up effectively; points out, in this regard, that ensuring effective procedural and administrative justice is paramount and that it represents an essential condition for removing shortcomings and ensuring healthy democracies; points, in addition, to the increasing importance of algorithmic transparency and the responsibility of platforms when dealing with elections, as shown by past events1a and recent elections, given the potentially significant human rights impact1b; recalls, in this regard, the importance of robust procedures to safeguard the fairness and integrity of elections, taking into account new possibilities for the use of artificial intelligence (AI)1c; recalls the importance of the EU legislation adopted in this regard, namely the Digital Services Act, the Digital Markets Act, the AI Act1d, the Regulation on the Targeting and Transparency of Political Advertising and the European Media Freedom Act; calls on the Commission and the Member States to fully implement these acts and provide adequate public resources for the measures under them; calls, furthermore, on the Commission to include an assessment of Member States’ national implementing rules in this field in the rule of law analysis, as fair elections are essential for the proper functioning of rule of law principles and an obligation under Article 3 of Protocol I to the European Convention on Human Rights;
__________________
1a European Parliament resolution of 25 October 2018 on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection (OJ C 345, 16.10.2020, p. 58).
1b Recommendation CM/Rec(2020)1 of the Committee of Ministers of the Council of Europe of 8 April 2020 to member States on the human rights impacts of algorithmic systems, with specific guidelines.
1c Declaration by the Committee of Ministers of the Council of Europe of 13 February 2019 on the manipulative capabilities of algorithmic processes (Decl(13/02/2019)1).
1d Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), OJ L, 2024/1689, 12.7.2024, ELI: http://data.europa.eu/eli/reg/2024/1689/oj.

Amendment 44

Motion for a resolution

Paragraph 24 b (new)

Motion for a resolutionAmendment
24b. Notes that the mission letter to Michael McGrath, the Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, specifies the need to ‘oversee the work to preserve the fairness and integrity of elections’; underlines the EU’s leading role as a globally credible actor in international election observation, given that support for democracy worldwide is consistent with its fundamental principles; affirms the EU’s clear interest in ensuring functioning democracies as the only way to address its citizens’ needs, meet their demands and fulfil their aspirations; regrets, however, that despite the growing threats of disinformation, propaganda and information manipulation targeting European democracy, a similar peer review practice among the Member States, in support of the efforts of the OSCE Office for Democratic Institutions and Human Rights, has not yet been considered, as a way to support each other’s administrative processes and procedural practices, and build mutual trust;

Amendment 45

Motion for a resolution

Paragraph 25

Motion for a resolutionAmendment
25. Is concerned about foreign interference in the Member States, including social media manipulation and disinformation; notes the unacceptable initiatives of Elon Musk to use social media platforms to manipulate public opinion in various Member States; calls on the Commission and the Member States to monitor this and to apply the Digital Services Act44 and the Digital Markets Act45, including in response to Meta’s recent decision on fact-checking mechanisms;25. Is concerned about foreign interference in the Member States, including social media manipulation and disinformation; calls on the Commission and the Member States to monitor this and to apply the Digital Services Act44 and the Digital Markets Act45, including in response to Meta’s recent decision on fact-checking mechanisms;
__________________________________
44 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).44 Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj).
45 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1, ELI: https://data.europa.eu/eli/reg/2022/1925/oj)45 Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1, ELI: https://data.europa.eu/eli/reg/2022/1925/oj)

Amendment 46

Motion for a resolution

Paragraph 25 a (new)

Motion for a resolutionAmendment
25a. Acknowledges that the Commission’s RoL report has become more comprehensive since its inception in 2020; deplores, however, the fact that essential elements from the 2016 Parliament resolution1a have not yet been implemented and that the Commission has not fully addressed the recommendations made by Parliament in its previous resolutions; considers that these recommendations remain valid and reiterates them; calls for the inclusion in the annual report of important missing elements of the Venice Commission’s Rule of Law Checklist, such as prevention of the abuse of powers, equality before the law and non-discrimination; reiterates its position that the report should cover the full scope of the values enshrined in Article 2 TEU, as these cannot be considered in isolation; calls on the Commission to expand the scope of the report next year; ______________ 1a European Parliament resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights, OJ C 215, 19.6.2018, p. 162.

Amendment 47

Motion for a resolution

Paragraph 27

Motion for a resolutionAmendment
27. Stresses the importance of independent judicial systems and access to free legal aid for ensuring equal access to justice; reiterates that adequate resources, including infrastructure and personnel, are crucial for improving justice systems;27. Stresses the importance of independent judicial systems, the absence of political interference in prosecution and access to justice; stresses that this right is enshrined in Article 47 of the Charter, which states that persons without sufficient resources must be provided with legal aid where necessary to ensure effective access to justice; reiterates that adequate resources, including infrastructure and personnel, are crucial for improving justice systems;

Amendment 48

Motion for a resolution

Paragraph 27 a (new)

Motion for a resolutionAmendment
27a. Calls on the Commission to pay special attention to analysing procedural justice with a view to identifying strengths, gaps, discrepancies and best practices in ensuring transparency, efficiency and fair treatment in strengthening administrative justice across the EU, as a means of ensuring the accountability of public authorities;

Amendment 49

Motion for a resolution

Paragraph 28

Motion for a resolutionAmendment
28. Calls on the Commission to conclude negotiations on the EU’s membership of GRECO as a milestone in fighting corruption;28. Calls on the Commission to conclude negotiations on the EU’s membership of GRECO as a milestone in fighting corruption, with this therefore constituting a significant step towards strengthening the rule of law within the EU; notes, at the same time, that such membership will ensure greater transparency, accountability and efficiency in the management of EU funds, the legislative process and the work of the EU institutions; considers that it will also support Member States in complying with international standards and implementing best practices for preventing and combating corruption;

Amendment 50

Motion for a resolution

Paragraph 29 a (new)

Motion for a resolutionAmendment
29a. Invites the Commission and the Member States to consider engaging in a peer review process focused on improving administrative procedures and practices that have an impact on the functioning of key democratic processes and the exercise of checks and balances in line with the EU’s established, shared principles;

Amendment 51

Motion for a resolution

Paragraph 31

Motion for a resolutionAmendment
31. Stresses that peaceful assembly and freedom of association and expression are fundamental rights protected by international law and are essential for democracy and government accountability; condemns the increased pressure on these rights and notes the trend of restricting them; calls on the Member States to thoroughly investigate the excessive use of force and discriminatory treatment by law enforcement agencies;31. Stresses that peaceful assembly and freedom of association and expression are fundamental rights protected by international law and are essential for democracy and government accountability; condemns the increased pressure on these rights both in the Member States1a and within the EU institutions and notes the trend of restricting them; calls on the Member States to thoroughly investigate the excessive use of force and discriminatory treatment by law enforcement agencies;
_________________
1a Judgments of the European Court of Human Rights, Drozd v. Poland, 15158/19 of 6 April 2023, and Mándli and Others v. Hungary, 63164/16 of 26 May 2020.

Amendment 52

Motion for a resolution

Paragraph 34

Motion for a resolutionAmendment
34. Reiterates its call on the Commission to further integrate reactive tools into the RoL report, such as the Article 7 TEU procedures, the general conditionality mechanism and infringement procedures48;34. Reiterates its call on the Commission to further integrate reactive tools into the RoL report, such as the Article 7 TEU procedures, the Rule of Law Conditionality Regulation and other budgetary and infringement procedures48; calls on the Commission to systemically resort to expedited procedures and applications for interim measures before the CJEU in infringement cases, and to make systematic use, in particular, of infringement procedures based on Article 2 TEU; calls on the Commission not to use ‘dialogue’ with Member States or the ‘pilot’ procedure as an open-ended means to avoid launching actual infringement procedures; calls on the Commission to revise its policy, outlined in its 2022 communication on enforcing EU law, of not using infringement actions for ‘individual’ redress, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, also as most of these cases are not merely individual, but address strategic and fundamental issues;
__________________________________
48 Hungarian Helsinki Committee, Disregard for EU values: a snapshot of RoL issues in Hungary in light of the Article 7 procedure, 12 November 2024.48 Hungarian Helsinki Committee, Disregard for EU values: a snapshot of RoL issues in Hungary in light of the Article 7 procedure, 12 November 2024.

Amendment 53

Motion for a resolution

Paragraph 34 a (new)

Motion for a resolutionAmendment
34a. Deplores the fact that the Hungarian Government has not taken any meaningful steps towards implementing recommendations from the 2024 rule of law report, and that Hungary is the sole Member State still subject to the Article 7(1) TEU procedure; stresses that respect for the rule of law is continuously deteriorating;

Amendment 54

Motion for a resolution

Paragraph 34 b (new)

Motion for a resolutionAmendment
34b. Calls on the Commission and the Member States to ensure LGBTQIA+ rights are fully respected throughout the EU territory and that LGBTQIA+ persons can live in safety, exercise their rights and fully realise their potential; calls on the Commission and the Council to make LGBTQIA+ rights a cross-cutting priority across all policy fields; calls on the Commission to put forward appropriate legislative measures to ensure respect for these principles, as well as to rely on infringement procedures against Member States;

Amendment 55

Motion for a resolution

Paragraph 34 c (new)

Motion for a resolutionAmendment
34c. Reiterates its call on the Commission to combat all discriminatory practices and safeguard the principles enshrined in the Charter; urges the Commission to ensure that the free movement of persons within the EU, the right to reside freely, and family reunification are fully respected in the EU territory and that every citizen can enjoy equal rights and fully exercise their rights; calls on the Commission to recast Directive 2004/38/EC1a in order to include cross-border recognition of family rights, including parenthood for same-sex parents, in the light of the latest CJEU rulings; ______________ 1a Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, OJ L 158, 30.4.2004, p. 77, ELI: http://data.europa.eu/eli/dir/2004/38/oj.

Amendment 56

Motion for a resolution

Paragraph 35

Motion for a resolutionAmendment
35. Stresses the importance of embedding RoL milestones in funding instruments such as the RRF; deplores the release of EU funds to Hungary despite deficiencies in that country’s judicial independence and anti-corruption frameworks; recommends suspending disbursements until all RoL benchmarks are met;35. Stresses the importance of embedding RoL milestones in funding instruments such as the RRF; deplores the ongoing deficiencies in Hungary’s judicial independence and anti-corruption frameworks; calls on the Commission to closely monitor developments and request interim relief in ongoing European court cases if it detects serious and irreparable harm; calls on the Commission to explore further opportunities for the protection of final beneficiaries when a Member State is subject to RoL conditionality;

Amendment 57

Motion for a resolution

Paragraph 36 a (new)

Motion for a resolutionAmendment
36a. Suggests that the Commission create a formal dialogue mechanism between it and national parliaments to allow for the regular exchange of information on the implementation of the recommendations from the report, thereby ensuring the integration of the national perspective into the annual assessments;

Amendment 58

Motion for a resolution

Paragraph 37

Motion for a resolutionAmendment
37. Recommends that the Commission and the Member States monitor foreign interference, particularly social media use for manipulation and malicious purposes, including its use by individuals such as Elon Musk to influence public opinion and spread disinformation in Europe; underlines that the Commission must ensure that the RoL is properly implemented within the EU institutions and calls for the inclusion of the EU institutions in its annual RoL report evaluation;37. Recommends that the Commission and the Member States monitor foreign interference, particularly social media use for manipulation and malicious purposes, including to influence public opinion and spread disinformation in Europe; underlines that the Commission must ensure that the RoL is properly implemented within the EU institutions and calls for the inclusion of the EU institutions in its annual RoL report evaluation;

Amendment 59

Motion for a resolution

Paragraph 37 a (new)

Motion for a resolutionAmendment
37a. Urges the Commission to present a renewed LGBTQIA+ Equality Strategy for post-2025 that fully addresses the current challenges throughout Europe and makes LGBTQIA+ rights a cross-cutting priority across all policy fields; stresses the importance of self-determination of LGBTQIA+ persons and the recognition of their identities and rights, without age restrictions; calls for the protection and promotion of the physical and mental health of LGBTQIA+ persons; urges the Commission to present legislative proposals to combat hate crimes and hate speech on grounds of gender identity and sexual orientation, and to guarantee equal rights for same-sex couples; urges the Commission to present a proposal for a binding EU-wide ban on conversion practices in all Member States;

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

The Chair in his capacity as rapporteur for opinion 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.

INFORMATION ON ADOPTION BY THE COMMITTEE ASKED FOR OPINION

Date adopted18.3.2025
Result of final vote+: –: 0:15 7 0
Members present for the final voteMaravillas Abadía Jover, Tobiasz Bocheński, Ton Diepeveen, Mary Khan, Ilhan Kyuchyuk, Sergey Lagodinsky, Mario Mantovani, Pascale Piera, Emil Radev, René Repasi, Adrián Vázquez Lázara, Axel Voss, Marion Walsmann, Michał Wawrykiewicz, Dainius Žalimas
Substitutes present for the final voteDavid Cormand, Billy Kelleher, Ernő Schaller-Baross, Alessandro Zan, Kosma Złotowski
Members under Rule 216(7) present for the final voteNacho Sánchez Amor, Angelika Winzig

INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE

Date adopted20.5.2025
Result of final vote+: –: 0:50 18 4
Members present for the final voteMagdalena Adamowicz, Abir Al-Sahlani, Francisco Assis, Pernando Barrena Arza, Nikola Bartůšek, Ioan-Rareş Bogdan, Krzysztof Brejza, Saskia Bricmont, Jorge Buxadé Villalba, Jaroslav Bžoch, Mélissa Camara, Damien Carême, Susanna Ceccardi, Alessandro Ciriani, Paulo Cunha, Marieke Ehlers, Raquel García Hermida-Van Der Walle, Branko Grims, Paolo Inselvini, Irena Joveva, Marina Kaljurand, Mariusz Kamiński, Assita Kanko, Fabienne Keller, Moritz Körner, Alice Kuhnke, Fabrice Leggeri, Jeroen Lenaers, Erik Marquardt, Ana Catarina Mendes, Verena Mertens, Chloé Ridel, Ilaria Salis, Birgit Sippel, Krzysztof Śmiszek, Petra Steger, Cecilia Strada, Tomas Tobé, Milan Uhrík, Tom Vandendriessche, Kristian Vigenin, Charlie Weimers, Sophie Wilmès, Jadwiga Wiśniewska, Alessandro Zan, Javier Zarzalejos, Tomáš Zdechovský
Substitutes present for the final voteAnja Arndt, Konstantinos Arvanitis, Fredis Beleris, Özlem Demirel, Monika Hohlmeier, Rasa Juknevičienė, Nikola Minchev, Jan-Christoph Oetjen, Leoluca Orlando, Karlo Ressler, Thijs Reuten, Sandro Ruotolo, Nacho Sánchez Amor, Oliver Schenk, Alexander Sell, Anna Strolenberg, Alexandre Varaut, Ana Vasconcelos, Maria Walsh, Maciej Wąsik, Michał Wawrykiewicz
Members under Rule 216(7) present for the final voteChristophe Gomart, Sérgio Humberto, Nora Mebarek, Jüri Ratas