Sittings · Document

OPINION (2024/2078(INI)) 2025-03-26

On the Commission’s 2024 Rule of Law report

Committee on Legal Affairs · Rapporteur: 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 resolution	Amendment
– 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 resolution	Amendment
	– 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 resolution	Amendment
– 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 resolution	Amendment
	– 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 resolution	Amendment
	– 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 resolution	Amendment
	– 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 resolution	Amendment
	– 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 resolution	Amendment
	– 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 resolution	Amendment
– 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 resolution	Amendment
	– 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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
	-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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
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 resolution	Amendment
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 resolution	Amendment
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 resolution	Amendment
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 resolution	Amendment
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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
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;
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	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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
	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 resolution	Amendment
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 resolution	Amendment
	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 adopted	18.3.2025
Result of final vote	+: –: 0:	15 7 0
Members present for the final vote	Maravillas 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 vote	David Cormand, Billy Kelleher, Ernő Schaller-Baross, Alessandro Zan, Kosma Złotowski
Members under Rule 216(7) present for the final vote	Nacho Sánchez Amor, Angelika Winzig