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Report on the Commission’s 2023 Rule of Law report

TA-9-2024-0108 · P9_TA(2024)0108 · PE754.695

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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.

Parliament's resolution responds to the Commission's 2023 Rule of Law report, covering justice systems, corruption, media freedom, civil society, equality and enforcement across the EU. It finds democracy, the rule of law and fundamental rights are being eroded in the EU and calls on the Commission to enforce EU law more strongly, including infringement procedures and Article 7 TEU. It asks for the annual report to be expanded, to cover the EU institutions, a new pillar on minorities, the economic dimension and candidate countries. It calls for action on judicial independence, corruption, media freedom, spyware, civil society, LGBTIQ+ and women's rights, and police use of force.

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 of judicial systems, including contextual elements.
  2. Notes wide disparities between Member States on judicial independence, concerns about Councils for the Judiciary in Poland, Slovakia, Bulgaria, Spain and Cyprus, and disciplinary proceedings in Bulgaria and previously Poland.
  3. Highlights persistent concerns about judicial appointments in Malta, Greece, Lithuania, Latvia and Ireland, Supreme Court judges in Poland, abuse of law in Slovakia and judicial independence in Hungary.
  4. Calls on Member States to provide sufficient resources for the judiciary, legal aid and access to a lawyer, and asks the Commission to assess the application of EU legal aid rules in the next report.
  5. Calls on all Member States to adopt a code of conduct for judges following GRECO recommendations, create independent investigation mechanisms and improve transparency on conflicts of interest.
  6. Expresses concern over personnel changes and legislative amendments in Slovakia, including to the criminal code and the Special Prosecutor's Office, and calls on the Slovak Government to reconsider them.
  7. Notes the Spanish Government's actions including a future amnesty law, calls for full transparency to EU institutions, and regrets the blocking of the Council for the Judiciary.
  8. Calls on Member States and the Commission to increase efforts against corruption, condemns Malta's citizenship by investment scheme and calls for an EU legislative ban on all such schemes.
  9. Calls on Member States that have not yet done so to join the European Public Prosecutor's Office, considers EPPO membership a precondition for EU funds and calls for an expanded mandate.
  10. Highlights that media pluralism and freedom cannot survive without transparency of media ownership, and calls for adoption of a robust Media Freedom Act and safeguards for public service media.
  11. Condemns illegal surveillance of journalists by spyware, calls on the Commission to implement PEGA recommendations and to include country-specific monitoring on unlawful spyware use in the rule of law report.
  12. Calls for a separate chapter on civil society, dedicated funding for civil society organisations, and a strategy with minimum standards for their protection in all Member States.

Who is affected

  • EU Member States, which are called on to comply with Article 2 TEU values, ensure judicial independence and fight corruption.
  • The Commission, which is asked to enforce EU law more strongly, expand the rule of law report and monitor rule of law conditions in EU funding.
  • The Council, which is urged to make its rule of law dialogue more inclusive and to advance Article 7(1) TEU procedures.
  • Journalists and media, who face threats, SLAPPs and surveillance, with calls for stronger protection and anti-SLAPP measures.
  • Civil society organisations, which face restrictions in some Member States and are to receive dedicated funding and protection.

Figures and deadlines

  • 68% of Europeans believe corruption is widespread in their country, per the 2022 Eurobarometer.
  • 41% believe the level of corruption has increased, per the 2022 Eurobarometer.
  • More than 1 600 threat alerts registered by the Council of Europe's Platform since 2015.
  • Up to EUR 10,2 billion in Hungarian reimbursement claims enabled by the Commission's decision on the Charter enabling condition.
  • Deadline of 30 November 2023 for assessing specific conditions for Cyprus, Greece, Hungary, Poland and Spain on spyware.

Legal basis: Articles 2, 3(1), 3(3), second subparagraph, 4(3), 5, 6, 7, 11, 19 and 49 TEU; Articles 70, 258, 259, 260, 263, 265 and 267 TFEU.