The Commission on July 13th, published the third annual Rule of Law Report. The report comes in the context of the Russian invasion of Ukraine, which further showcased the importance of upholding democratic values, human rights and the rule of law.
It includes an overview of the trends in the EU as a whole and 27 country chapters looking at developments in every Member State since July 2021. This year’s report for the first time contains specific recommendations addressed to each Member State, as announced by President Ursula von der Leyen in her 2021 State of the Union address. The recommendations are intended to encourage Member States to take forward ongoing or planned reforms and help them identify where improvements are needed.
As with previous editions, this report examines developments in four key areas for the rule of law: justice systems, the anti-corruption framework, media pluralism and freedom, and other institutional issues linked to checks and balances.
Four Findings & Recommendations
The European Commission has more of a service and less of a political logic. It does not compete with the member states, it simply tries to push developments in the right direction based on the European framework and rules.
The only governments that have a problem with the European Commission are those that declare war on it, usually to rally their voters.
Typical are the examples of Poland and Hungary, whose governments use, in several cases, methods to control the media.
Hungarian Prime Minister Orban specializes in staging clashes with the European Commission which, judging by the 52% he got in the parliamentary elections, are paying off. Poland’s government has dropped the tone of confrontation with the European Commission in order to strengthen the effort to control Russian aggression. Thus, the political bridges have been created which seem to lead to an understanding between Brussels and Warsaw.
1. Justice Reforms
The Commission’s recommendations encourage, for example, a stronger involvement of the judiciary in appointment procedures, more autonomy of prosecution services and for Member States to provide adequate resources for justice systems.
2. Anti-corruption frameworks
Corruption remains a serious concern for EU citizens. The 2022 Eurobarometer on corruption shows, for example, that 68% of them believe that corruption is widespread in their country. In some Member States, investigations and prosecutions into corruption cases are lengthy and judgments still lacking, especially in high-level cases. Public officials are subject to asset and interest disclosure obligations in all Member States, but these vary in scope, transparency and accessibility of disclosed information, as well as in the level and effectiveness of verification and enforcement.
As regards anti-corruption frameworks, the Commission has made recommendations related to the strengthening of preventive frameworks, for instance on lobbying and conflicts of interest rules, and on ensuring the effective investigation and prosecution of corruption cases.
3. Media freedom and pluralism
The Commission has issued a number of recommendations which cover among others the transparent and fair allocation of state advertising, the independent governance of public service media and measures to improve the safety of journalists. The upcoming Media Freedom Act will be aimed at addressing several of the issues identified in the Rule of Law reports.
4. Institutional checks and balances
The Commission has made recommendations relating for example, to the involvement of stakeholders in the legislative process, the establishment and functioning of accredited National Human Rights Institutions and to ensure an open operating framework for civil society.
