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REPORT (2023/2113(INI))

Report on the Commission’s 2023 Rule of Law report

A-9-2024-0025

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Sophia in 't Veld

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's resolution responds to the Commission's 2023 Rule of Law Report, finding that democracy, the rule of law and fundamental rights are being eroded across the EU. It calls on the Commission to enforce EU law more forcefully, to expand the report's scope and to involve independent experts, and on the Council to act in the Article 7 procedures. It sets out concerns on judicial independence, corruption, media freedom, spyware abuse, civil society space, police use of force, equality and minority rights in named Member States. It asks for a single comprehensive EU mechanism on democracy, the rule of law and fundamental rights, and for an interinstitutional agreement on the matter.

Committee position. The committee proposes that Parliament adopt the resolution, finding that rule of law values are being eroded across the EU and calling for stronger enforcement, a broader rule of law report and a single comprehensive EU mechanism.

Key points

  1. Reiterates that an independent judiciary is the backbone of the rule of law and urges the Commission to conduct a more qualitative analysis, including contextual elements and long-term implementation.
  2. Notes Commission findings on judicial independence, including concerns on Councils for the Judiciary in Poland, Slovakia, Bulgaria, Spain and Cyprus, and on disciplinary proceedings in Poland and Bulgaria.
  3. Notes persistent challenges in appointing high-level judges in Malta, Greece, Lithuania, Latvia and Ireland, and serious concerns in Poland and Hungary.
  4. Calls on Member States to provide sufficient resources for the judiciary, legal aid and access to a lawyer, and asks the Commission to assess the application of the EU acquis on legal aid.
  5. Calls on all Member States to adopt a code of conduct for judges following GRECO recommendations, create independent investigation mechanisms and address revolving doors.
  6. Expresses concern over personnel changes in the Slovak police and the accelerated legislative process on the criminal code and the Special Prosecutor's Office, and calls on the Slovak Government to reconsider.
  7. Notes the Spanish Government's planned amnesty law, calls for full transparency to the European institutions, and regrets the blocking of the Council for the Judiciary.
  8. Calls on Member States and the Commission to increase efforts against corruption, and on the Commission to finalise negotiations on the EU's full membership of GRECO.
  9. Condemns Malta's citizenship by investment scheme and reaffirms that the Commission should propose an EU legislative ban on all such schemes.
  10. Calls on Member States that have not yet done so to join the European Public Prosecutor's Office, considers EPPO membership a precondition for receiving EU funds, and calls for an expanded mandate.
  11. Calls for stronger rules on spyware, judicial oversight of surveillance, and country-specific monitoring in the rule of law report on unlawful spyware use.
  12. Calls on the Commission to expand the report's scope, involve an independent panel of experts and the Fundamental Rights Agency, and include candidate countries.

Who is affected

  • EU Member States, which are called on to comply with Article 2 TEU values and to implement EU law and court judgments.
  • The Commission, which is asked to step up infringement procedures, expand the rule of law report and apply funding conditionality.
  • The Council, which is urged to make its rule of law dialogue more inclusive and to act in the Article 7 procedures.
  • Judges, prosecutors and judicial authorities, who should be independent and free from political pressure.
  • Journalists, media outlets and civil society organisations, whose protection and funding the resolution demands.

Figures and deadlines

  • 68 % of Europeans believe corruption is widespread in their country, per the 2022 Eurobarometer.
  • 41 % believe the level of corruption has increased.
  • More than 1 600 threat alerts registered by the Council of Europe's platform since 2015.
  • Up to EUR 10.2 billion in Hungarian reimbursement claims enabled by the Commission's decision on the Charter enabling condition.
  • Deadline of 30 November 2023 for assessing specific conditions for Cyprus, Greece, Hungary, Poland and Spain on spyware.

Legal basis: Treaty on European Union, in particular Articles 2, 3(1), 3(3), second subparagraph, 4(3) and Articles 5, 6, 7, 11, 19 and 49.