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DRAFT OPINION (2023/2113(INI))

On the Commission’s 2023 Rule of Law report

JURI-PA-754755

Committee on Legal Affairs · Rapporteur: Adrián Vázquez Lázara

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The Committee on Legal Affairs gives its suggestions to the Committee on Civil Liberties, Justice and Home Affairs for its resolution on the Commission's 2023 Rule of Law report. It welcomes the report and the Commission's four progress categories, and asks for clear, objective criteria and use of Council of Europe tools such as CEPEJ reports. It calls for independent councils of the judiciary, continued monitoring of judicial reforms, and assessments of legal aid rules in the next report. It asks the Commission to address 'revolving doors' by urging Member States to bar former ministers and high-ranking political figures from leading high courts or prosecutor's offices. It calls for the highest anti-corruption standards in EU institutions, an EU Ethics Body, full application of access-to-documents rules, and agreement on the proposed anti-corruption directive. It asks the Commission to evaluate Member States' laws on oversight of public funds, including NextGenerationEU, and to act where safeguards have been lowered.

Committee position. The Committee on Legal Affairs proposes that the Committee on Civil Liberties, Justice and Home Affairs incorporate its suggestions into its motion for a resolution on the Commission's 2023 Rule of Law report, covering judicial independence, prosecution services, revolving doors, anti-corruption standards and oversight of public funds.

Key points

  1. Recalls that the EU is founded on common values in Article 2 of the Treaty on European Union, and that rule of law backsliding affects the area of freedom, security and justice and mutual trust.
  2. Welcomes the Commission's fourth Rule of Law Report and its four categories for progress on past recommendations: no progress, some progress, significant progress and full implementation.
  3. Stresses the need for clear and objective criteria and points to Council of Europe tools such as CEPEJ reports to converge data inputs.
  4. Stresses that independent councils of the judiciary should have a substantial majority of judges elected by their peers and authority over selection, advancement and discipline; regrets that not all Member States have fulfilled their obligations.
  5. Urges the Commission to keep monitoring Member States' legal frameworks and to be more insistent on reforms where systems do not meet standards.
  6. Welcomes 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 the content of their decisions.
  7. Calls on the Commission to include in the next report assessments of the application of EU acquis on legal aid in civil and criminal matters, including Council Directive 2003/8/EC.
  8. Recalls that prosecution services must be independent of undue political pressure, and regrets systems where governments issue binding decisions to prosecutors or combine minister and prosecutor general roles.
  9. Calls on the Commission to consider 'revolving doors' cases and to urge Member States to prevent former ministers and high-ranking political figures from taking leadership positions in high courts or prosecutor's offices.
  10. Is worried about slow progress on anti-corruption prevention, reluctance to establish lobbyist registers, transparency registers and asset declarations, and lack of strict rules on revolving doors.
  11. Calls for all EU institutions to meet the highest anti-corruption standards, including an effective EU Ethics Body, full application of Regulation 1049/2001 and the conditionality principle for the EU Transparency Register; calls on Member States to agree on the proposed anti-corruption directive.
  12. Calls on the Commission to evaluate Member States' legislation on oversight of public funds and legal mechanisms against improper use, and to engage with Member States where safeguards have been lowered.

Who is affected

  • Member States: urged to ensure independent judiciaries and prosecution services, prevent revolving doors, and protect public funds.
  • The Commission: asked to monitor legal frameworks, assess legal aid rules, and evaluate oversight of public funds in future reports.
  • EU institutions: called to apply the highest anti-corruption standards, including an EU Ethics Body and access-to-documents rules.
  • Judges and prosecutors: affected by calls for independent councils and protection from political pressure and post-office appointments.

Figures and deadlines

  • Four categories for measuring progress: no progress, some progress, significant progress, full implementation.
  • Article 2 of the Treaty on European Union, cited as the basis of common values.
  • Council Directive 2003/8/EC of 27 January 2023 on legal aid in cross-border disputes.
  • Regulation 1049/2001 on access to documents.

Legal basis: Article 2 of the Treaty on European Union