Sittings · Document
DRAFT OPINION (2025/2239(INI)) 2026-01-13
On the Commission’s 2025 Rule of Law report – annual report 2025
Committee on Legal Affairs · Rapporteur: Adrián Vázquez Lázara
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
Recital A a (new)
| Motion for a resolution | Amendment |
| Aa. whereas the Copenhagen criteria stipulate that aspiring Member States must embrace the fundamental principles of the EU as a prerequisite for accession, and that these principles must remain inviolable thereafter; whereas adherence to the EU’s legislation, policies and positions, in particular concerning democracy, human rights and the rule of law, is an essential component of this obligation1a; | |
| __________________ | |
| 1a See, for example, the judgment of the Court of Justice of 20 April 2021 in Case C-896/19, Repubblika v Il-Prim Ministru, ECLI: EU:C:2021:311, paragraphs 63 to 64, regarding the preclusion of regression after accession. |
Or. en
Amendment 2
Motion for a resolution
Recital B
| Motion for a resolution | Amendment |
| B. whereas the EU cannot disregard the social and fundamental rights dimensions upon which it was built; whereas the persistent shortcomings in the protection of economic and social rights must be regarded as an integral part of the systemic threat to the values of Article 2 TEU; | B. whereas the EU cannot disregard the social and fundamental rights dimensions upon which it was built; whereas these dimensions must be articulated in a manner consistent with the functioning of a market economy and with the need to ensure the long-term sustainability of those rights; whereas the persistent shortcomings in the protection of economic and social rights must be regarded as an integral part of the systemic threat to the values of Article 2 TEU; |
Or. en
Amendment 3
Motion for a resolution
Recital B a (new)
| Motion for a resolution | Amendment |
| Ba. whereas to effectively implement the objectives outlined in Article 2 TEU, the EU, in particular the Commission, must safeguard the rule of law by maintaining consistency and taking commensurate action against any internal or external governmental attempts to undermine this fundamental EU value1a; | |
| __________________ | |
| 1a See, in this regard, the Commission communication of 17 July 2019 entitled ‘Strengthening the rule of law within the Union –A blueprint for action’ (COM(2019)0343). |
Or. en
Amendment 4
Motion for a resolution
Recital D
| Motion for a resolution | Amendment |
| D. whereas the Commission’s 2026 work programme underlines the need for an integrated annual rule-of-law cycle with a common pace, clear milestones and the active contribution of all the EU institutions; whereas respect for the rule of law remains imperative to safeguard all EU funds; | D. whereas the Commission’s 2026 work programme underlines the need for an integrated annual rule-of-law cycle with a common pace, clear milestones and the actions and contributions of all the EU institutions; whereas respect for the rule of law remains imperative to safeguard all EU funds; |
Or. en
Amendment 5
Motion for a resolution
Paragraph 1 a (new)
| Motion for a resolution | Amendment |
| 1a. Recalls that the autonomy of prosecution services is an essential pillar of the rule of law1a, which can also affect cooperation on cross-border law enforcement in the EU1b, and is key to the principle of sincere cooperation between the Union and the Member States as enshrined in Article 4(3) TEU; expresses serious concern that recent developments in some of the Member States involving senior prosecutorial appointments have demonstrably weakened confidence in the functional independence of prosecution services; underlines that the investigation into and trial against the most senior prosecutor of a Member State have been highly detrimental not only to the judicial institution itself but also to society as a whole; notes that this investigation and trial recently resulted in the historic conviction of a Member State’s most senior prosecutor; underlines that episodes of this nature serve only to tarnish judicial institutions and cause irreparable harm to the rule of law; stresses that safeguards against undue influence that remain purely formal or ineffective in practice fall short of the standards required under EU rule-of-law commitments and risk enabling political interference in prosecutorial decision-making; | |
| __________________ | |
| 1a See, for example, European Commission for Democracy through Law (Venice Commission), Compilation of Venice Commission opinions and reports concerning prosecutors, CDL-PI(2022)023, 26 April 2022. | |
| 1b See the case-law of the CJEU in Joined Cases C-508/18 and C-82/19 PPU, ECLI:EU:C:2019:456; Case C-216/18 PPU, ECLI:EU:C:2018:586; and Joined Cases C-562/21 PPU and C-563/21 PPU, ECLI:EU:C:2022:100. |
Or. en
Amendment 6
Motion for a resolution
Paragraph 1 b (new)
| Motion for a resolution | Amendment |
| 1b. Notes that the Commission has found that the perceived level of judicial independence remains low in some of the Member States, and expresses concern over the judicial and constitutional reforms that are weakening the judiciary in some Member States; |
Or. en
Amendment 7
Motion for a resolution
Paragraph 2 a (new)
| Motion for a resolution | Amendment |
| 2a. Stresses the importance of maintaining a rules-based international order and an EU based on rules to uphold the universal values on which it is founded; calls for the EU and its Member States to continue and strengthen their support for European and international justice institutions, starting with the reinforcement of internal judicial cooperation mechanisms based on mutual trust between the judicial systems of the various Member States and of candidate and potential candidate countries; |
Or. en
Amendment 8
Motion for a resolution
Paragraph 5
| Motion for a resolution | Amendment |
| 5. Reiterates that corruption is a serious threat to democracy, the rule of law and fair treatment for all citizens; | 5. Reiterates that corruption is a serious threat to democracy, the rule of law and fair treatment that undermines citizens’ trust in institutions; |
Or. en
Amendment 9
Motion for a resolution
Paragraph 5 a (new)
| Motion for a resolution | Amendment |
| 5a. Stresses that the effective functioning of independent authorities and constitutional bodies is a core component of the rule of law; expresses concern that procedures for appointments to bodies such as regulatory authorities, data gathering and analysing offices, and transparency councils have increasingly prioritised political affiliation over demonstrable professional merit; underlines that such practices, even when formally compliant with domestic law, may undermine institutional credibility, public trust and compliance with European standards of independence; |
Or. en
Amendment 10
Motion for a resolution
Paragraph 5 b (new)
| Motion for a resolution | Amendment |
| 5b. Recalls that independence, impartiality and technical competence are essential requirements for senior appointments in public institutions that exercise oversight or regulatory functions; notes that recurring delays or politically influenced appointment processes risk weakening these safeguards; calls, in that regard, on the national authorities of Member States to align appointment procedures with the best practices identified by the Commission and the Venice Commission1a, ensuring transparent criteria, objective evaluation and timely renewals; | |
| __________________ | |
| 1a See, for example, European Commission for Democracy through Law (Venice Commission), Compilation of Venice Commission opinions and reports concerning judges, CDL-PI(2025)003, 7 January 2025. |
Or. en
Amendment 11
Motion for a resolution
Paragraph 5 c (new)
| Motion for a resolution | Amendment |
| 5c. Reiterates that preventing and combating corruption require robust institutional checks, independent enforcement authorities and a culture of accountability; stresses that political control over oversight bodies, even when indirect, weakens the effectiveness of anti-corruption frameworks; calls for renewed efforts to strengthen institutional resilience, transparency and judicial oversight; |
Or. en
Amendment 12
Motion for a resolution
Paragraph 6
| Motion for a resolution | Amendment |
| 6. Calls on the Member States, candidate countries and potential candidate countries, as well as EU institutions, bodies, offices and agencies, to strengthen preventive measures against corruption, including transparent management of EU funds, codes of conduct for public officials, mandatory asset declarations, conflict-of-interest rules, early warning systems and limitations on revolving-door practices; | 6. Calls on the Member States, candidate countries and potential candidate countries, as well as EU institutions, bodies, offices and agencies, to strengthen preventive measures against corruption, including transparent management of EU funds, codes of conduct for public officials, mandatory asset declarations, conflict-of-interest rules, early warning systems, safeguards against the abuse of public facilities, assets and vehicles for private purposes, and limitations on revolving-door practices; |
Or. en
Amendment 13
Motion for a resolution
Paragraph 8
| Motion for a resolution | Amendment |
| 8. Stresses that the rule of law requires public officials to act transparently and in the public interest, without abuse of power or arbitrary decision-making; calls on the Member States to promote a culture of integrity through regular anti-corruption training for public officials, law enforcement and judiciary, and by actively engaging civil society in monitoring government actions; | 8. Stresses that the rule of law requires public officials to act transparently and in the public interest, without abuse of power or arbitrary decision-making; calls on the Member States to promote a culture of integrity through regular anti-corruption training for public officials, law enforcement and judiciary, and by actively engaging civil society in monitoring government actions; recalls the importance for democracy of promoting and ensuring the independence and transparency of key public bodies such as public media boards, independent regulatory bodies, constitutional and supreme courts, and public statistical and polling bodies; |
Or. en
Amendment 14
Motion for a resolution
Paragraph 9
| Motion for a resolution | Amendment |
| 9. Urges the Member States to ensure prompt, thorough and impartial investigations of corruption cases, with particular priority given to cases involving high-level officials, in order to safeguard the rule of law, uphold public trust and ensure accountability at all levels of government; | 9. Urges the Member States to ensure prompt, thorough and impartial investigations of corruption cases, with particular priority given to cases involving high-level officials, executive bench members and top judicial and prosecutor positions, in order to safeguard the rule of law, uphold public trust and ensure accountability at all levels of government; |
Or. en
Amendment 15
Motion for a resolution
Paragraph 13 a (new)
| Motion for a resolution | Amendment |
| 13a. Expresses concern about reports pointing to the instrumentalisation of public service media for partisan purposes; recalls that editorial independence, balanced representation and protection from political interference are key obligations under EU law1a; stresses the importance of full and effective compliance with the European Media Freedom Act1b; | |
| __________________ | |
| 1a See also European Commission for Democracy through Law (Venice Commission), Compilation of Venice Commission opinions and reports concerning freedom of expression and media, CDL-PI(2020)008, 7 July 2020. | |
| 1b 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, ELI: http://data.europa.eu/eli/reg/2024/1083/oj). |
Or. en
Amendment 16
Motion for a resolution
Paragraph 16 b (new)
| Motion for a resolution | Amendment |
| 16b. Stresses the need for sustained media literacy and civic education efforts to build societal resilience against disinformation; |
Or. en
Amendment 17
Motion for a resolution
Paragraph 17
| Motion for a resolution | Amendment |
| 17. Emphasises the crucial role played by grassroots and community organisations, trade unions, activist groups, human rights defenders and non-governmental organisations (NGOs) in promoting and upholding democracy, equality, rule of law and fundamental rights, and in ensuring accountability for state and private actions; | 17. Emphasises the crucial role played by grassroots and community organisations, trade unions, business associations, activist groups, judges associations, prosecutors and other public officials, human rights defenders and non-governmental organisations (NGOs) in promoting and upholding democracy, equality, rule of law and fundamental rights, and in ensuring accountability for state and private actions; |
Or. en
Amendment 18
Motion for a resolution
Paragraph 20
| Motion for a resolution | Amendment |
| 20. Is concerned by the growing legal and financial restrictions, smear campaigns, and criminalisation of civil society organisations and human rights defenders; stresses that reporting requirements for NGOs must not exceed those strictly necessary and proportionate to the specific aims pursued; | 20. Is concerned by the potential criminalisation of civil society organisations and human rights defenders; stresses that reporting requirements for NGOs must be clear, transparent and aimed at ensuring fair and equitable competition for funding without ideological discrimination by the EU’s governing bodies, the Member States or the candidate or potential candidate countries; |
Or. en
Amendment 19
Motion for a resolution
Paragraph 31
| Motion for a resolution | Amendment |
| 31. Insists that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the Recovery and Resilience Facility Regulation50 and the Rule of Law Conditionality Regulation, must be assessed coherently as an integral package and that no payments should be made while deficiencies persist; believes that the Commission should take further action under the Rule of Law Conditionality Regulation as regards other breaches of the rule of law, such as those related to the judiciary; | 31. Insists that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the Recovery and Resilience Facility Regulation50 and the Rule of Law Conditionality Regulation, must be assessed coherently as an integral package and that no payments should be made while deficiencies persist; believes that the Commission should take further action under the Rule of Law Conditionality Regulation as regards other breaches of the rule of law, such as those related to the judiciary or in cases of public procurement; |
| __________________ | __________________ |
| 50 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17, ELI: http://data.europa.eu/eli/reg/2021/241/oj). | 50 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17, ELI: http://data.europa.eu/eli/reg/2021/241/oj). |
Or. en
Amendment 20
Motion for a resolution
Paragraph 33
| Motion for a resolution | Amendment |
| 33. Acknowledges that a single market dimension has been included in the rule of law report to address rule of law issues affecting the overall economic environment, companies and workers, with the aim of ensuring that rights are defended, corruption is punished, and contracts are enforced; stresses that a functioning justice system, a strong anti-corruption framework, media pluralism, and adequate checks and balances all have an economic impact and influence the smooth functioning of the single market; proposes that in its assessment the Commission engages even more with stakeholders and civil society organisations, including trade unions; | 33. Acknowledges that a single market dimension has been included in the rule of law report to address rule of law issues affecting the overall economic environment, companies and workers, with the aim of ensuring that rights are defended, corruption is punished, and contracts are enforced; stresses that a functioning justice system, a strong anti-corruption framework, media pluralism, and adequate checks and balances all have an economic impact and influence the smooth functioning of the single market; proposes that in its assessment the Commission engages even more with stakeholders and civil society organisations, including trade unions and business associations; |
Or. en
Amendment 21
Motion for a resolution
Paragraph 36 a (new)
| Motion for a resolution | Amendment |
| 36a. Urges the Commission to deploy all available powers and instruments at its disposal to uphold the values laid down in Article 2 TEU effectively, and to prevent and respond to any actual or foreseeable violations, including risks of regression with regard to the rule of law; stresses the importance of significantly enhancing transparency, coherence and predictability in the use of these instruments, strengthening Parliament’s oversight role, and addressing any remaining structural shortcomings; further recalls that, in situations involving systemic deficiencies, the application of the principle of mutual trust – including mutual recognition of judicial decisions – may, in accordance with the case-law of the CJEU, be limited; |
Or. en
Amendment 22
Motion for a resolution
Paragraph 41 a (new)
| Motion for a resolution | Amendment |
| 41a. Calls on the Commission to continue using the Rule of Law Report as a preventive tool enabling early identification of institutional vulnerabilities, while underlining that this does not preclude, and should not delay or replace, timely, effective and proportionate action in cases of actual breaches of the rule of law; stresses that a consistent and non-discriminatory approach is essential to ensure legal certainty, democratic stability and mutual trust among the Member States; |
Or. en
Amendment 23
Motion for a resolution
Paragraph 41 b (new)
| Motion for a resolution | Amendment |
| 41b. Stresses that the introduction and use of artificial intelligence (AI) systems bears risks for democracies and the rule of law1a, as recognised by the classifications in the AI Act1b; calls, therefore, on the Commission to include in its Rule of Law Report the regulation, use and oversight of AI systems affecting the rule of law, such as in the judiciary, in the Member States and in candidate countries; | |
| __________________ | |
| 1a See the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, Council of Europe Treaty Series No. 225, 5 September 2024. See also European Commission for Democracy through Law (Venice Commission), The Updated Rule of Law Checklist, CDL-AD(2025)002, 16 December 2025, which mentions AI several times. | |
| 1b 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). |
Or. en
Amendment 24
Motion for a resolution
Paragraph 42 a (new)
| Motion for a resolution | Amendment |
| 42a. Emphasises that restoring institutional trust and the full integrity of the rule of law is a gradual process that may require sustained efforts over several years; recalls experiences in certain Member States demonstrating that systemic rule-of-law breaches take time to be addressed and reversed; underlines the need for long-term commitment, political responsibility and continuous monitoring; |
Or. en
Amendment 25
Motion for a resolution
Paragraph 42 b (new)
| Motion for a resolution | Amendment |
| 42b. Stresses that the credibility of the EU’s rule-of-law framework depends on its consistent, objective and non-discriminatory application across all Member States, irrespective of size, political orientation or geographical location; |
Or. en
Amendment 26
Motion for a resolution
Paragraph 42 c (new)
| Motion for a resolution | Amendment |
| 42c. Recalls that preventive monitoring under the Rule of Law Report must not replace or delay the use of existing enforcement mechanisms under the Treaties, including infringement procedures, Article 7 TEU and budgetary conditionality, where breaches are established; |
Or. en
Amendment 27
Motion for a resolution
Paragraph 43
| Motion for a resolution | Amendment |
| 43. Reiterates its call on the Commission to expand the scope of the report to cover all aspects of Article 2 TEU, and to 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; | 43. Reiterates its call on the Commission to expand the scope of the report to cover all aspects of Article 2 TEU, and to include broader indicators, such as the independence of the media and of public bodies, 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; |
Or. en