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OPINION (2023/2113(INI))

On the Commission’s 2023 Rule of Law report

JURI-AD-754755

Committee on Legal Affairs · Rapporteur: Adrián Vázquez Lázara

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The Committee on Legal Affairs suggests amendments to Parliament's resolution on the Commission's 2023 Rule of Law report. It asks the Commission to keep monitoring Member States' justice systems, anti-corruption measures and civil society space, and to act when standards fall short. It wants independent councils of the judiciary, independent prosecution services, and rules stopping former ministers from taking top judicial or prosecution posts. It also calls for stronger anti-corruption rules, including an EU Ethics Body and a directive on combating corruption. It asks the Commission to assess legal aid, public-fund oversight and civil society in future reports, and supports a statute for EU cross-border associations and not-for-profit organisations.

Committee position. The Committee on Legal Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs to incorporate its suggestions into the motion for a resolution on the Commission's 2023 Rule of Law report. It proposes amendments on judicial independence, anti-corruption, public funds and civil society.

Key points

  1. Recalls that all Member States share the EU's founding values under Article 2 of the Treaty on European Union, and that rule of law backsliding affects the whole area of freedom, security and justice.
  2. Welcomes the Commission's fourth Rule of Law Report and its four categories for measuring progress on past recommendations: no progress, some progress, significant progress and full implementation.
  3. Stresses that independent councils of the judiciary should be composed mostly of judges elected by their peers and have authority over selection, advancement and discipline; regrets that not all Member States meet this.
  4. Notes that almost two thirds of 2022 recommendations on important reforms were followed up to some extent, but urges the Commission to press harder on unimplemented reforms and on Parliament's earlier recommendations.
  5. Welcomes EU funding for stakeholders through the Citizens, Equality, Rights and Values Programme and the Justice Programme, and urges the Commission to invest more in awareness-raising about EU values, especially in countries with serious concerns.
  6. Welcomes the withholding of EU funds under the conditionality mechanism or the Recovery and Resilience Facility, but notes continuing concerns such as disciplinary procedures against judges for their decisions and problems with court compositions.
  7. Calls on the Commission to assess legal aid in civil and criminal matters in the next report, and stresses that justice systems need adequate budgets and that prosecution services must be free from undue political pressure.
  8. Calls on the Commission to address 'revolving doors', including former ministers or political figures taking leadership roles in high courts or prosecutor's offices, and urges Member States to pass laws preventing this.
  9. Worries about slow progress on anti-corruption prevention, reluctance to set up lobbyist registers, transparency registers and asset declarations, and lack of strict rules on revolving doors.
  10. Calls for all EU institutions to adopt high anti-corruption standards, including an effective EU Ethics Body, full application of Regulation 1049/2001 on access to documents and of the conditionality principle for the EU Transparency Register.
  11. Calls on Member States to agree quickly on the proposed directive on combating corruption, and on the Commission to evaluate Member States' oversight of public funds and legal mechanisms against misuse in future reports.
  12. Welcomes the Commission's proposal and recommendation on strategic lawsuits against public participation (SLAPPs), calls on Member States to protect journalists, and asks for a separate chapter on civil society and a statute for EU cross-border associations.

Who is affected

  • Member States, which are urged to implement reforms, protect judicial independence and adopt anti-corruption and revolving-door rules.
  • The Commission, which is asked to monitor legal frameworks, include new assessments in future reports and act when safeguards are lowered.
  • Judges and prosecution services, whose independence and appointment procedures are the focus of several suggestions.
  • Civil society organisations and journalists, for whom the committee seeks more space, protection and a possible EU statute.
  • EU institutions, which are called on to apply the highest anti-corruption standards and transparency rules.

Figures and deadlines

  • Almost two thirds of the recommendations issued in 2022 related to important reforms have been followed up to some extent.
  • The European Public Prosecutor's Office started operations on 1 June 2021.
  • The European Public Prosecutor's Office has registered more than 4 000 crime reports from participating EU Member States and private parties.
  • Over 929 investigations have been opened by the European Public Prosecutor's Office as of June 2022.
  • Council Directive 2003/8/EC of 27 January 2023 concerns legal aid in cross-border disputes.

Legal basis: Article 2 of the Treaty on European Union.