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DRAFT REPORT (2023/2113(INI))

Report on the Commission’s 2023 Rule of Law report

LIBE-PR-754695

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.

This is a draft report by Parliament's Civil Liberties Committee on the Commission's 2023 Rule of Law report. It reviews the state of justice systems, corruption, independent authorities, media freedom, civil society and minority rights across the EU. It finds democracy, the rule of law and fundamental rights are being eroded, and that non-compliance with EU law in several Member States risks making the EU a lawless zone. It calls on the Commission to step up infringement procedures, apply the Rule of Law Conditionality Regulation and withhold funds where conditions are unmet, and to expand the report's scope. It asks the Council to make its rule of law dialogue more inclusive, resume talks on an interinstitutional agreement, and act in the Article 7(1) TEU procedures.

Committee position. The rapporteur proposes that Parliament find democracy, the rule of law and fundamental rights are being eroded, and calls on the Commission to step up enforcement, expand the rule of law report and apply funding conditions, and on the Council to act in the Article 7(1) TEU procedures.

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.
  2. Notes wide disparities between Member States on judicial independence, concerns on Councils for the Judiciary in Poland, Slovakia, Bulgaria, Spain and Cyprus, and disciplinary proceedings used to curtail independence 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 Slovakia.
  4. Calls on Member States to do much more to eradicate corruption, and notes worrying perceived corruption levels in Bulgaria, Malta, Hungary, Greece and Slovenia.
  5. Demands the annual report also cover the EU institutions, condemns Malta's Citizenship by Investment scheme and seeks an EU legislative ban on all such schemes.
  6. Considers membership of the European Public Prosecutor's Office a precondition for receiving EU funds, and calls for reinforcement of the Europol mandate to investigate corruption.
  7. Highlights that independent authorities need broad mandates, independence and adequate funding, and notes pressure on Greek authorities over spyware.
  8. Stresses media pluralism, transparency of media ownership and editorial independence of public service media, and calls for funding for independent quality journalism.
  9. Condemns the illegal surveillance of journalists by spyware, calls for a swift agreement on an ambitious anti-SLAPP directive, and asks for country-specific monitoring of unlawful spyware use.
  10. Calls for a separate chapter on civil society, dedicated funding for civil society organisations to monitor the rule of law, and protection for those doing so.
  11. Calls for a new pillar on protection of minorities, action on LGBTIQ+ rights and women's rights, and rejects the Commission's treatment of non-compliance with court rulings as 'individual cases'.
  12. Calls on the Commission to set up a scoreboard monitoring implementation of every CJEU and ECHR judgment, and to involve an independent panel of experts in drafting the report.

Who is affected

  • EU Member States, which are assessed on their justice systems, corruption, media freedom and civil society, and urged to act.
  • The Commission, which is asked to step up enforcement, expand the report and apply funding conditions.
  • The Council, which is asked to make its rule of law dialogue more inclusive and act in Article 7(1) TEU procedures.
  • Journalists and civil society organisations, who face surveillance, lawsuits and restrictions.
  • Minority groups, including LGBTIQ+ people, women and girls, whose rights the report seeks to protect.

Figures and deadlines

  • More than 1 600 threat alerts registered by the Council of Europe's Platform since 2015.
  • Of the four 'super milestones' on judicial independence in Hungary, only one considered fully implemented.
  • The 12 recommendations of the Council of Europe's Steering Committee on Anti-Discrimination, Diversity and Inclusion to combat hate crimes against LGBTIQ+ people.

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