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The State of the Rule of Law in 2024: The EU Must Defend Democracy in all Member States

On 24 July, the European Commission unveiled its fifth annual Rule of Law Report, providing a comprehensive overview of the state of the rule of law across all Member States. The report includes a detailed communication on the overall state of the rule of law in the EU, alongside 27 country chapters and assessments of previous recommendations. It addresses four key pillars: national justice systems, anti-corruption frameworks, media freedom and pluralism, and other institutional checks and balances.

Since its inception in 2020, the report has significantly bolstered the EU’s ability to detect, prevent, and address emerging challenges, thereby enhancing the resilience of European democracies. Additionally, this year’s report expands its scope to include the four most advanced candidate countries – Albania, Montenegro, North Macedonia, and Serbia – offering targeted support to aid their reform efforts and advance their EU accession process.

This year’s report underscores the improved capacity of Member States to tackle rule of law issues with 68% of the recommendations from 2023 being addressed either fully or partially. Despite these advancements, systematic concerns remain in some Member States and the situation has in some cases further deteriorated. Persistent issues such as judicial independence, corruption and limitation of media freedom continue to pose significant challenges in countries like Hungary. Additionally, specific cases of regression have been noted, particularly in countries where political pressure and conflicts of interest hinder the effective implementation of reforms. Finally, the independence and financial stability of public service media, transparency in media ownership, and journalist safety poses concerns in Member States such as Hungary, Italy and Slovakia.

The Commission now invites the European Parliament and the European Council to engage in both general and country-specific discussions based on the report, utilising the recommendations to facilitate concrete progress. As outlined in President von der Leyen’s Political Guidelines for 2024-2029, the Commission will enhance its monitoring and reporting efforts, strengthen checks and balances, and closely track the implementation of recommendations.

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 European Movement International’s Position 

As we argue in our policy position on the “Rule of Law”, the protection of democracy must be at the forefront of the EU’s agenda, with the rule of law serving as the bedrock of the European Union’s integrity and credibility. Compliance with the rule of law is essential to protecting and fostering democracy in the European Union. Violations of the rule of law have extensive implications on economic activity, the competitiveness of Member States, and the appropriate use of EU funds. Such violations also undermine trust in democracy. To this end, the EU needs an independent and adequately equipped authority to monitor compliance with its fundamental values and the respect for the rule of law across all Member States. The annual rule of law reports by the European Commission should be further institutionalised, requiring Member States to respond promptly and address the Commission’s recommendations.

We welcome the European Commission’s decision to include the four most advanced candidate countries – Albania, Montenegro, North Macedonia, and Serbia – in the 2024 Rule of Law Report. This inclusion marks a significant step towards advancing their accession processes. As we advocate for in our policy position on “Promoting Peace, Stability and Investment in the Western Balkans”, enhanced cooperation and support for reforms, including technical and financial assistance, are crucial for fostering democratic governance and adherence to European standards. Strengthening this cooperation underscores the EU’s commitment to a clear pathway for candidate countries, ensuring their progress aligns with the principles of democracy and the rule of law.

Finally, we welcome the European Commission’s ongoing efforts to safeguard media freedom and pluralism, particularly through the Media Freedom Act, the Anti-SLAPP Directive, and the annual Rule of Law Reports. However, we remain deeply concerned about the worsening situation for journalists and media outlets in countries like Italy, Hungary and Slovakia, as highlighted in the 2024 Rule of Law Report. These developments illustrate a troubling climate of intimidation and censorship affecting journalists. We urge the Commission to investigate these alarming trends and hold Member States accountable. It is crucial that the Commission continues to scrutinise and address these violations to uphold the standards of the European Media Freedom Act and the fundamental values enshrined in Article 2 of the Treaty on European Union (TEU).

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