Category: Law

Source: European Parliament

The European Parliament,

–  having regard to the Treaty on European Union (TEU), in particular Articles 2, 3(1), 3(3), second subparagraph, 4(3), 5, 6, 7, 11, 19 and 49 thereof,

–  having regard to the Treaty on the Functioning of the European Union (TFEU), in particular to the articles thereof relating to respect for and the protection and promotion of democracy, the rule of law and fundamental rights in the Union, including Articles 70, 258, 259, 260, 263, 265 and 267,

–  having regard to the Charter of Fundamental Rights of the European Union (the Charter),

–  having regard to the case-law of the Court of Justice of the European Union (CJEU),

–  having regard to the Commission communication of 24 July 2024 entitled ‘2024 Rule of Law Report – The rule of law situation in the European Union’ (COM(2024)0800), and the annex thereto containing recommendations for the Member States,

–  having regard to the Commission communication of 30 October 2024 on EU enlargement policy (COM(2024)0690) and its accompanying staff working documents (the Enlargement Package),

–  having regard to Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget(1) (the Rule of Law Conditionality Regulation),

–  having regard to Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy(2) (the Common Provisions Regulation),

–  having regard to Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union(3) (the Financial Regulation), in particular Article 6(3) thereof,

–  having regard to Regulation (EU) 2021/692 of the European Parliament and of the Council of 28 April 2021 establishing the Citizens, Equality, Rights and Values programme and repealing Regulation (EU) No 1381/2013 of the European Parliament and of the Council and Council Regulation (EU) No 390/2014(4),

–  having regard to the Universal Declaration of Human Rights,

–  having regard to the UN instruments on the protection of human rights and fundamental freedoms, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of Persons with Disabilities (CRDP), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities and the Recommendations of the UN Forum on Minority Issues, and to the recommendations and reports of the UN Universal Periodic Review, as well as the case-law of the UN treaty bodies and the special procedures of the Human Rights Council,

–  having regard to the European Convention on Human Rights, the European Social Charter, the case-law of the European Court of Human Rights (ECtHR) and the European Committee of Social Rights, and the conventions, recommendations, resolutions, opinions and reports of the Parliamentary Assembly, the Committee of Ministers, the Commissioner for Human Rights, the European Commission against Racism and Intolerance, the Steering Committee on Anti-Discrimination, Diversity and Inclusion, the Venice Commission and other bodies of the Council of Europe,

–  having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence,

–  having regard to the European Charter for Regional or Minority Languages and to the Framework Convention for the Protection of National Minorities of the Council of Europe,

–  having regard to the memorandum of understanding between the Council of Europe and the European Union of 23 May 2007 and the Council conclusions of 17 December 2024 on EU priorities for cooperation with the Council of Europe 2025-2026,

–  having regard to the Commission’s reasoned proposal of 20 December 2017 for a Council decision on the determination of a clear risk of a serious breach by the Republic of Poland of the rule of law (COM(2017)0835), issued in accordance with Article 7(1) TEU,

–  having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights(5),

–  having regard to its resolution of 7 February 2018 on protection and non-discrimination with regard to minorities in the EU Member States(6);

–  having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland(7),

–  having regard to its resolution of 19 April 2018 on the need to establish a European Values Instrument to support civil society organisations which promote fundamental values within the European Union at local and national level(8),

–  having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded(9),

–  having regard to its resolution of 13 November 2018 on minimum standards for minorities in the EU(10),

–  having regard to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights(11),

–  having regard to its resolution of 7 October 2020 on the establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights(12),

–  having regard to its resolution of 13 November 2020 on the impact of COVID-19 measures on democracy, the rule of law and fundamental rights(13),

–  having regard to its resolution of 17 December 2020 on the European Citizens’ Initiative ‘Minority SafePack – one million signatures for diversity in Europe’(14),

–  having regard to its resolution of 10 June 2021 on the rule of law situation in the European Union and the application of the Conditionality Regulation (EU, Euratom) 2020/2092(15),

–  having regard to its resolution of 24 June 2021 on the Commission’s 2020 Rule of Law Report(16),

–  having regard to its resolution of 8 July 2021 on the creation of guidelines for the application of the general regime of conditionality for the protection of the Union budget(17),

–  having regard to its resolution of 16 September 2021 with recommendations to the Commission on identifying gender-based violence as a new area of crime listed in Article 83(1) TFEU(18),

–  having regard to its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the EU: the undue use of actions under civil and criminal law to silence journalists, NGOs and civil society(19),

–  having regard to its resolution of 15 December 2021 on the evaluation of preventive measures for avoiding corruption, irregular spending and misuse of EU and national funds in case of emergency funds and crisis-related spending areas(20),

–  having regard to its resolution of 8 March 2022 on the shrinking space for civil society in Europe(21),

–  having regard to its resolution of 10 March 2022 on the rule of law and the consequences of the ECJ ruling(22),

–  having regard to its resolution of 19 May 2022 on the Commission’s 2021 Rule of Law Report(23),

–  having regard to its resolution of 9 June 2022 on the rule of law and the potential approval of the Polish national recovery plan (RRF)(24),

–  having regard to its resolution of 15 September 2022 on the situation of fundamental rights in the European Union in 2020 and 2021(25),

–  having regard to its resolution of 15 September 2022 on the proposal for a Council decision determining, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded(26),

–  having regard to its resolution of 20 October 2022 on the rule of law in Malta, five years after the assassination of Daphne Caruana Galizia(27),

–  having regard to its resolution of 20 October 2022 on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia(28),

–  having regard to its resolution of 10 November 2022 on racial justice, non-discrimination and anti-racism in the EU(29),

–  having regard to its resolution of 24 November 2022 on the assessment of Hungary’s compliance with the rule of law conditions under the Conditionality Regulation and state of play of the Hungarian RRP(30),

–  having regard to its resolution of 30 March 2023 on the 2022 Rule of Law Report – the rule of law situation in the European Union(31),

–  having regard to its resolution of 18 April 2023 on the institutional relations between the EU and the Council of Europe(32),

–  having regard to its resolution of 28 February 2024 ‘Report on the Commission’s 2023 Rule of Law report’(33),

–  having regard to its resolution of 29 February 2024 on deepening EU integration in view of future enlargement(34),

–  having regard to its resolution of 1 June 2023 on the breaches of the Rule of Law and fundamental rights in Hungary and frozen EU funds(35),

–  having regard to the report of its Committee of Inquiry to investigate the use of Pegasus and equivalent surveillance spyware (PEGA) and to its recommendation of 15 June 2023 to the Council and the Commission following the investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware(36),

–  having regard to its resolution of 11 July 2023 on the electoral law, the investigative committee and the rule of law in Poland(37),

–  having regard to its resolution of 19 October 2023 on the rule of law in Malta: six years after the assassination of Daphne Caruana Galizia, and the need to protect journalists(38),

–  having regard to the Commission communication of 6 December 2023 entitled ‘No place for hate: a Europe united against hatred’ (JOIN(2023)0051),

–  having regard to its resolution of 18 January 2024 on the situation of fundamental rights in the European Union – annual report 2022 and 2023(39),

–  having regard to its resolution of 18 January 2024 on extending the list of EU crimes to hate speech and hate crime(40),

–  having regard to its resolution of 24 April 2024 on ongoing hearings under Article 7(1) TEU regarding Hungary to strengthen the rule of law and its budgetary implications(41),

–  having regard to the conclusion of the Article 7 TEU procedure in relation to Poland, as announced by the Commission on 29 May 2024, following steps taken by Poland to restore compliance with EU rule of law standards;

–  having regard to Resolution 2262 (2019) of 24 January 2019 of the Parliamentary Assembly of the Council of Europe on promoting the rights of persons belonging to national minorities,

–  having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE), to the cooperation between the EU and the OSCE on democratisation, institution-building and human rights and to the annual OSCE hate crime report, in which participating states have committed themselves to passing legislation that provides for penalties that take into account the gravity of hate crime, to taking action to address under-reporting and to introducing or further developing capacity-building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes,

–  having regard to the special reports of the European Court of Auditors of 17 December 2024 on Enforcing EU Law (28/2024), of 22 February 2024 on the Rule of Law in the EU (03/2024), and of 10 January 2022 on EU support for the rule of law in the Western Balkans (01/2022), and to its review of 28 February 2024 on the Commission’s rule of law reporting (02/2024), and to their respective recommendations,

–  having regard to the Political Guidelines for the next European Commission 2024-2029, presented to Parliament on 18 July 2024 by Ursula von der Leyen, candidate for President of the Commission,

–  having regard to the 2024 Eurobarometer surveys on corruption, which show that corruption remains a serious concern for citizens and businesses in the EU,

–  having regard to the feedback reports, mission reports, written questions and answers of its Democracy, Rule of Law and Fundamental Rights Monitoring Group (DRFMG)(42),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the opinion of the Committee on Foreign Affairs,

–  having regard to the opinion of the Committee on Legal Affairs,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0100/2025),

A.  whereas the Union is founded on the common values enshrined in Article 2 TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities – values that are common to the EU Member States and are reflected in the Charter and embedded in international human rights treaties; whereas the Charter is part of EU primary law; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, pose a systemic threat to the rights and freedoms of the people living in the EU;

B.  whereas it is apparent from Article 49 TEU, which provides the possibility for any European state to apply to become a member of the European Union, that the Union is composed of states which have freely and voluntarily committed themselves to the common values referred to in Article 2 TEU, which respect those values and which undertake to promote them; whereas EU law is thus based on the fundamental premise that each Member State shares with all the other Member States, and recognises that those Member States share with it, those same values; whereas that premise implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the EU that implements them will be respected(43),(44); whereas the Member State are required to ensure that any regression in the protection of the values enshrined in Article 2 TEU is prevented;

C.  whereas civil society organisations (CSOs), the legal community, associations, independent media and grassroots movements remain a cornerstone of the rule of law by promoting transparency, accountability and citizen participation in democratic processes; whereas these actors have been instrumental in safeguarding judicial independence, freedom of expression and other constitutional values, often operating under increasing political and legal constraints;

D.  whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations that arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union; whereas Member States should refrain from any measures which could jeopardise the attainment of the Union’s objectives;

E.  whereas in a recent Eurobarometer survey, 74 % of respondents thought that the EU plays an important role in upholding the rule of law and 89 % believed that it is important for all Member States to respect the EU’s core values; whereas, in the current global economic and political context, bolstering citizens’ trust in the rule of law and the resilience of democracies at EU level is a crucial factor;

F.  whereas accession to the EU must always be a merit-based procedure in which there is an assessment of whether an applicant fulfils the Copenhagen criteria, in particular those guaranteeing full respect for human rights, democracy and the rule of law, in order to ensure that EU enlargement strengthens rather than weakens the EU and its single market; whereas the fundamental role of the Instrument for Pre-Accession Assistance as a Union instrument is to support the rule of law, democracy and human rights in candidate and potential candidate countries, including the strengthening of democratic institutions and CSOs, as well as progress on good governance and the fight against corruption, the promotion and protection of non-discrimination and gender equality and the strengthening of capacities for conflict prevention and resolution;

Independence of the judiciary

1.  Underlines that fair and accessible justice is a basic rule of law principle that requires an independent judiciary; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination and hold decision makers accountable;

2.  Recalls that robust national legal systems are indispensable in Member States, candidate and potential candidate countries, given that the Commission relies on national judicial authorities to enforce EU law, and that they are fundamental to judicial cooperation across the EU and to fostering mutual trust; notes with concern that while some judicial systems may appear robust on paper, this does not always align with reality;

3.  Stresses the need for the impartiality of judges; recalls that the appointment and promotion of judges must be determined solely by their qualifications and not be influenced by political or personal considerations, as the judges essential for safeguarding judicial independence; recalls that the criteria for nominations and appointments to high-level judicial positions must be fully transparent;

4.  Underlines the important role of the national councils of the judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the Commission and the Council of Europe, and which have been endorsed by the CJEU; calls on the Commission in its future rule of law reports to place a particular focus on the roles, structures and functioning of Member States’ national judicial councils as part of its assessment of judicial independence;

5.  Points out that the prosecution service is a key element in the capacity of a Member State to fight crime and corruption; regrets any governmental or political interference in corruption investigations and recalls that no one is above the law; condemns the misuse of the judicial system for political purposes, including the persecution of political opponents and interference in corruption investigations; stresses that both politically motivated prosecutions and amnesty laws and pardon procedures driven by political interests undermine public trust in constitutional principles and EU standards; highlights the importance of guaranteeing the autonomy and independence of the prosecution service, thereby preventing any political interference in its work, especially from the government; highlights the role of transparent appointment processes for prosecutors as a key factor in maintaining public confidence in criminal justice; highlights its concern about repeated attacks on judges and prosecutors who are conducting high-profile political investigations linked to cases of corruption and abuse of power perpetrated against political opponents;

6.  Calls for disciplinary procedures for judges and prosecutors to be handled by independent bodies free from political influence and, where necessary, for the system of disciplinary procedures to be reformed to preclude their use by political authorities to control the judiciary;

7.  Calls on the Commission to maintain constant oversight, ensuring that judges and prosecutors remain independent of the authorities responsible for appointing or reappointing them; calls on the Commission to proactively monitor and swiftly react to risks of rule of law backsliding in areas of judicial independence and access to justice, in line with the principle of non-regression as clarified in recent CJEU case-law;

8.  Notes that the Commission has found that there are structural challenges with regard to improving the efficiency, accessibility and quality of the judiciary of some Member States(45) and of candidate and potential candidate countries; notes that the Commission has found that several Member States have allocated additional resources to strengthening the resilience of justice systems to ensure the timely resolution of cases and reduce backlogs, while in other Member States levels of remuneration continue to pose challenges, often leading to shortages and vacancies; notes that underfunding and understaffing can undermine the accessibility and effectiveness of judicial systems, thus eroding trust in the rule of law; emphasises that adequate remuneration is essential to attract and retain qualified judicial personnel; strongly believes that training is a key element that guarantees the independence of judges, as well as the quality and efficiency of the judicial system; states that an important element of the state of the rule of law and fair proceedings are judicial procedures conducted in a reasonable time frame; notes, in that context, that the justice scoreboard indicates significant discrepancies across the EU legal area;

9.  Encourages the Member States to ensure training opportunities for judges; strongly believes that training should be multidisciplinary, with a particular focus on gender equality; reiterates that adequate resources, including funding, infrastructure and qualified personnel, are crucial for the efficiency and accessibility of the justice system; recognises the role of court staff, including notaries, in numerous Member States; calls on all Member States to follow up on corruption cases within a reasonable time limit so as to not foster a feeling of impunity among their citizens; invites Member States to take advantage of the opportunities offered by digitalisation to simplify procedures and processes, improve efficiency and accessibility, save time and reduce storage costs;

10.  Stresses the importance of independent judicial systems and access to free legal aid in ensuring equal access to justice; reiterates that adequate resources, including infrastructure and personnel, are crucial to improving justice systems; recommends that Member States take concrete steps to improve access to justice for marginalised and vulnerable groups, including adequately funded, enhanced legal aid systems and measures to address language barriers and digital divides;

11.  Recalls that the Commission’s 2024 Rule of Law Report states that serious concerns persist regarding judicial independence in Hungary and that political influence on the prosecution service remains, with the risk of undue interference in individual cases, and that the freedom of expression of judges remains under pressure and smear campaigns against judges continue in the media;

12.  Welcomes the pivotal role of the CJEU in upholding the rule of law across the EU; endorses further initiatives to enhance the resources and the capabilities of the CJEU to effectively address further challenges to the rule of law; reiterates that, in accordance with Article 19 TEU and Article 267 TFEU, national courts cannot be hindered from using the possibility of a referral for preliminary ruling to the CJEU; calls on the Commission to carry out a systematic check in this regard as part of its annual rule of law report, and to start infringement proceedings in cases where national judges face obstacles in this regard;

13.  Regrets the trend whereby some Member States are selectively applying, delaying or failing to implement CJEU and ECtHR judgments and calls for their timely and effective implementation; emphasises that Member States and EU institutions must systematically integrate and implement the latest CJEU case-law to uphold the rule of law and ensure the uniform application of EU law; calls for the swift adaptation of national legislation and institutional frameworks to comply with court rulings;

14.  Reiterates its strong support for the International Court of Justice and the International Criminal Court (ICC) as essential, independent and impartial jurisdictional institutions at a particularly challenging time for international justice; recalls the need to fully implement the orders of the International Court of Justice, which are legally binding; calls for the Union, its Member States and candidate and potential candidate countries to continue to support the ICC;

15.  Urges the Commission, as the guardian of the Treaties, to meet its responsibility for the enforcement of the Union’s basic values, including those laid down in Article 2 TEU and in the EU’s primary law, and not to rely only on citizens going to court themselves to ensure the application of EU law; stresses that the non-implementation of domestic and international judgments is violating the rule of law and risks leaving people without remedy and can create a perception among the public that judgments can be disregarded, undermining general trust in fair adjudication; underlines the fundamental role of the CJEU and the ECtHR in ensuring respect for the law and guaranteeing uniformity in its application; proposes establishing clear deadlines for the implementation of court rulings, as well as a detailed monitoring plan for the implementation of pending judgments; urges the Commission to launch infringement procedures if needed, together with motions for interim measures; calls on the Member States to implement pending judgments of the CJEU and the ECtHR promptly and suggests the establishment of a monitoring unit to monitor the implementation of CJEU and ECtHR rulings relating to democracy, the rule of law and fundamental rights in EU countries, and to fully integrate the monitoring unit’s findings into the annual rule of law report; recommends that the Commission, in particular, take action regarding failures to implement CJEU judgments under Article 260(2) TFEU and apply the Rule of Law Conditionality Regulation in cases of non-compliance with CJEU and ECtHR judgments where the breach identified affects or seriously risks affecting the Union budget or financial interests; stresses that systematic non-compliance with EU law must entail tangible financial penalties to ensure genuine deterrence; calls on the Commission to assess whether delays or non-compliance with such rulings warrant proceedings for failure to act under Article 258 TFEU; calls on the Commission to systematically analyse data on non-compliance with country-specific views of UN Treaty Bodies;

16.  Welcomes the revision of the Victims’ Rights Directive(46) to close legal gaps, ensuring that victims can access justice and receive support; calls on the Council to include as much as possible from Parliament’s mandate, including provisions ensuring victims’ right to review decisions in criminal proceedings, on access to legal remedies and fair compensation, and on comprehensive support services, particularly for those in vulnerable situations; stresses the importance of effective data collection, of enhancing resource allocation for victim assistance and of safeguarding victims’ privacy and personal data to prevent secondary victimisation and ensure that victims, including undocumented migrants and asylum seekers, can safely report crimes; expects co-legislators to adopt solutions that are victim-centred;

17.  Recognises the essential role of law enforcement in upholding the rule of law and protecting fundamental rights; calls on the Member States to ensure adequate funding, training and resources for the police and law enforcement agencies; calls on the Member States to take into account the Council of Europe’s Code of Police Ethics in this regard; emphasises that any use of force must be strictly necessary, proportionate and subject to clear safeguards; calls on the Member States to introduce guidelines for the transparent, independent and consistent selection, testing and trialling of weapons used by law enforcement agents, based on UN standards, recommendations and guiding principles; notes that this assessment should determine that such weapons are compliant with international human rights law and standards prior to their selection and deployment; calls on the Member States to thoroughly investigate any cases of excessive use of force and discriminatory treatment by law enforcement agencies;

18.  Calls on the Commission to include, as a rule of law concern, the conditions in prisons in future rule of law reports, given the serious and growing concerns across Europe regarding overcrowding, inadequate living conditions and the alarming rates of suicide within prisons;

19.  Calls on the Commission to pay special attention to analysing procedural justice with a view to identifying strengths, gaps, discrepancies and best practice in ensuring transparency, efficiency and fair treatment in strengthening administrative justice across the EU, as a means of ensuring the accountability of public authorities;

Anti-corruption framework

20.  Stresses that the rule of law requires that persons holding public office cannot act arbitrarily or abuse their power for personal gain; underlines that governments should adopt laws in the interest of the general public and not in the interest of specific individuals;

21.  Reiterates that corruption is a serious threat to democracy, fundamental rights and the rule of law in Member States, candidate countries and potential candidate countries; underlines that corruption erodes citizens’ trust in public institutions; deplores the fact that the 2024 Eurobarometer on corruption shows that corruption remains a serious concern for EU citizens and businesses, with 68 % of Europeans considering corruption to be widespread in their country, 65 % believing that high-level corruption cases are not pursued sufficiently and 41 % believing that the level of corruption has increased; considers this a call for the EU to step up its efforts to combat corruption;

22.  Reiterates its call on the Commission to immediately finalise negotiations on the EU’s membership of the Council of Europe’s Group of States against Corruption (GRECO); notes that such membership will ensure greater transparency, accountability and efficiency in the management of EU funds, the legislative process and the work of the EU institutions, and demands that the annual rule of law report cover EU institutions;

23.  Reiterates its call on all Member States to adopt a code of conduct for judges following the GRECO recommendations, and taking into account the codes applicable at the ECtHR and the CJEU; calls on Member States to create independent mechanisms to investigate alleged violations of the code of conduct and other laws, to improve disclosure and transparency with regard to conflicts of interest and gifts received by the judiciary, and to address the issue of revolving doors;

24.  Calls on the Member States, candidate countries and potential candidate countries, and the EU institutions to enhance transparency and accountability in public institutions by strengthening anti-corruption and conflict of competence legal frameworks and reporting processes to ensure the effective investigation and prosecution of corruption cases, including high-level corruption cases (inter alia those linked to public procurement procedures and those relating to high-risk areas such as ports or land borders), reinforcing oversight mechanisms and bodies and the independence and proper functioning of existing agencies, fostering protection for whistle-blowers, improving integrity frameworks and lobbying for legislation; regrets the lack of relevant progress made and stresses that final convictions and deterrent penalties are necessary to demonstrate genuine commitment to tackling corruption; calls on Member States to ensure the transparency and accountability of lobbying activities, including the establishment or improvement of mandatory lobbying registers and ‘legislative footprint’ mechanisms for tracking the influence of lobbying activities on lawmaking processes;

25.  Acknowledges the important role of the European Public Prosecutor’s Office (EPPO) in safeguarding the rule of law and combating corruption within the EU; encourages the Commission to closely monitor Member States’ level of cooperation with the EPPO; endorses the reinforcement of the monitoring and coordinative powers of the EPPO with a view to strengthening its ability to combat corruption in Member States; calls on the Commission to propose, under Article 86(4) TFEU, an expansion of the mandate of the EPPO to avoid circumvention of EU restrictive measures and cross-border environmental crimes, and to accelerate the revision of the EPPO Regulation(47) and the Directive on the fight against fraud to the EU’s financial interests by means of criminal law(48) in order to safeguard and clarify the primary competence of the EPPO with regard to corruption offences affecting the EU’s financial interests or committed by EU officials;

26.  Urges all Member States that have not yet done so to join the EPPO in order to enhance the effectiveness of the fight against corruption, particularly in relation to the protection of EU funds; calls on all candidate and potential candidate countries to establish a framework for effective cooperation with the EPPO;

27.  Calls on European bodies such as Europol, Eurojust, the European Court of Auditors, the EPPO and the European Anti-Fraud Office (OLAF) to improve their cooperation in the fight against corruption and fraud affecting EU finances;

28.  Calls on the Commission to enhance transparency and accountability in all of its communications, visits and meetings, especially with high-level national actors;

29.  Welcomes the Commission’s proposal for a directive on combating corruption which harmonises the definition of corruption offences in the public and private sector and the corresponding penalties; welcomes the inclusion of preventive measures, including on illicit political financing and training, in the directive on combating corruption, such as effective rules for the disclosure and management of conflicts of interest, open access to information and effective rules regulating the interaction between the private and the public sector; calls on the Member States to also put in place effective rules to address revolving doors, establish codes of conduct for public officials, establish a public legislative footprint, and ensure transparency in the funding of candidatures for elected public officials and political parties; appreciates that almost all Member States now have anti-corruption strategies in place; regrets, at the same time, that implementation and effectiveness vary; calls on the Member States that have not yet done so to develop and implement robust and effective anti-corruption strategies with the involvement of civil society; underlines the importance of the identification, notification, representation and coordination of victims of corruption; calls on the Member States to protect victims of corruption and enable them to have their views and concerns presented and considered at appropriate stages during criminal proceedings; calls on the Member States to ensure that victims of corruption have the right to adequate and proportionate compensation;

30.  Calls on all the EU institutions, bodies, offices and agencies to strengthen their anti-corruption measures with regard to the disclosure and management of conflicts of interest, open access to information, rules regulating the interaction of EU institutions, bodies, offices and agencies with the private sector, revolving doors and the code of conduct for public officials; considers that during their term of office, Members of the European Parliament should not engage in paid side activities with for-profit organisations or businesses seeking to influence EU policymaking

31.  Recognises the crucial role that whistle-blowers play in exposing corruption and promoting transparency across both the public and private sectors; stresses the need to protect whistle-blowers from retaliation and harassment; calls for independent and autonomous whistle-blower protection authorities to be further strengthened and further integrated into broader national anti-corruption frameworks, ensuring a unified and robust approach to combating corruption throughout all Member States;

Media pluralism and freedom

32.  Welcomes initiatives to promote free, independent and pluralistic media and a safe and enabling environment for journalists such as the European Media Freedom Act (EMFA)(49) and calls for its swift implementation; calls on the Member States and candidate and potential candidate countries to improve transparency in the allocation of state advertising online and offline and to follow the recommendations contained in Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union; calls on the Commission to provide the Member States with the necessary assistance in transposing the EMFA into national law, and to monitor its implementation, especially in certain Member States that rank poorly in freedom indices; underlines that the EMFA is a crucial milestone in safeguarding the independence, pluralism and integrity of the media landscape across the Union;

33.  Expresses deep concern over the increasing attacks on journalists and publishers, with a disproportionate impact on women; calls on the Commission and the Member States and on candidate and potential candidate countries to ensure the safety and protection of journalists, including investigative journalists and fact checkers who are particularly exposed; highlights the fact that the most common forms of threat include verbal attacks, online harassment, intimidation through social media and email, and legal threats, including cases covered by the Anti-SLAPP (‘Strategic lawsuits against public participation’) Directive(50), as well as instances of stalking and personal harassment;

34.  Calls on the Member States to fully implement the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings(51), and to adopt comprehensive domestic anti-SLAPP measures to protect journalists and provide support for those facing intimidation, defamation and limitations on the ability to exercise their profession; recommends that, when transposing the directive, Member States extend its application to also include national cases, since the majority of SLAPP cases occur at the national level; calls on the Commission to put forward proposals to address SLAPP cases not covered under the current Directive;

35.  Calls for the introduction of specific aggravating circumstances in criminal law for offences committed against journalists when such acts are motivated by or connected to their professional activities;

36.  Urges the Member States and candidate and potential candidate countries to protect and promote media freedom and pluralism, ensure transparent allocation of public funds, prevent the concentration of media ownership, protect editorial independence and combat disinformation, particularly through robust laws, including specific provisions on media ownership transparency, and independent regulators; underlines the important role of public service media; welcomes initiatives at national level to create a media registry containing public information about ownership and advertising investment in order to ensure transparency, impartiality and verifiability; further calls on Member States to ensure adequate, sustainable and predictable funding and budgetary stability based on transparent and objective criteria for public service media; recommends the creation of a dedicated EU media freedom fund supporting independent journalism and local media outlets;

37.  Condemns the spread of hate speech, including in mainstream and social media, as it poses a serious threat to democracy and the rule of law; calls for stronger enforcement of media regulations to combat hate speech and safeguard a diverse and inclusive media landscape, in accordance with its resolution of 18 January 2024 on the situation of fundamental rights in the European Union; underlines the fact that prominent public figures and politicians have to lead by example and need to ensure a respectful debate; recalls that freedom of expression is a fundamental value of democratic societies and should not be unjustifiably restricted; further recalls that any legislation on hate speech and hate crime should be grounded in the principles of necessity and proportionality; underlines that freedom of expression must be exercised within the law and in line with Article 11 of the Charter and should not be exploited as a shield for hate speech and hate crimes;

38.  Acknowledges that citizens perceive signs of an erosion of democracy fuelled by misinformation and disinformation, and that the spread of false information through social media could lead to the erosion of general respect for the rule of law; calls on digital platforms to take immediate action by ensuring compliance with their own community standards and European laws, including the Digital Services Act(52) (DSA) and competition rules; calls on the Commission to assess such compliance regularly and take measures where necessary; recommends that Member States, candidate and potential candidate countries develop comprehensive strategies to combat disinformation and foreign interference in democratic processes, while safeguarding freedom of expression and media pluralism;

39.  Strongly condemns state control and political interference in media operations; highlights the fact that media regulators must be adequately protected by legal safeguards to ensure their independence and freedom from political pressure, with sufficient budgetary resources at their disposal; underlines the democratic importance of independent media regulators;

40.  Expresses deep concern over the abuse of spyware and the lack of sufficient safeguards against illegal surveillance of journalists; calls on the Commission to implement the recommendations of Parliament’s PEGA Inquiry Committee on banning politically motivated surveillance;

41.  Urges Member States to ensure that the transposition of Directive (EU) 2016/343(53) on the presumption of innocence does not introduce restrictions on the right to report on and inform the public of matters of public interest, including judicial investigations, that are not provided for by the Directive; calls on Member States to review and, if necessary, modify existing national provisions that could limit journalistic freedoms;

42.  Calls on the Member States to ensure that the national coordinators established under the DSA are fully empowered to perform their role in facilitating information exchange and cooperation at the European level;

Civil society organisations (CSOs)

43.  Agrees with the Commission’s assessment that CSOs, including those advocating for the rule of law and democracy, the protection of marginalised groups, environmental protection and social justice, and human rights defenders (HRDs) are essential for the checks and balances and for the protection of fundamental values and Union law that are a cornerstone of the EU; appreciates that CSOs and professional associations representing groups such as judges, prosecutors or journalists support the rule of law; underlines, in particular, the importance of local, vibrant civil societies in candidate and potential candidate countries, which play a constructive role in the EU accession processes; recognises their role as watchdogs against rule of law violations and their contribution to promoting and safeguarding democratic principles; recalls the need for a safe, supportive and enabling environment for their work;

44.  Highlights the role of civil society and independent oversight bodies in monitoring, verifying and supporting the implementation of the recommendations of the 2024 Rule of Law Report; calls for a structured civil dialogue framework to integrate civil society contributions into the annual rule of law cycle, as recommended by the European Economic and Social Committee (EESC)(54) and civil society networks(55); reiterates the importance of broad consultation when drafting the report; supports the Commission’s plan to draft a strategy on space for and the protection of civil society and HRDs; recommends that the EU Guidelines on Human Rights Defenders be fully implemented; calls on the Commission to conduct visits to Member States on-site whenever possible, rather than virtually, as on-site visits could paint a fuller and more contextual picture of the local situation;

45.  Is concerned by the growing trend of CSOs and HRDs facing further legal restrictions, a lack of funding, and attacks, which undermine freedom of association, freedom of assembly and freedom of expression; notes with concern that several Member States and candidate and potential candidate countries have imposed disproportionate measures, including the excessive use of force and the detention of protesters to prevent people from participating in protests in some Member States, as well as pre-emptive bans on public gatherings on the vague grounds of security; stresses that courts have overturned such bans in multiple cases; strongly condemns the use of ‘foreign agent laws’, which stifle dissent, harass CSOs and restrict their operations, creating a chilling effect on civil society and HRDs; regrets the fact that restrictions on freedom of assembly, expression and association and the use of excessive force often disproportionately affect specific causes or groups(56);

46.  Stresses that peaceful assembly, freedom of association and expression, and freedom of the arts and sciences are fundamental rights protected by international law and are essential for democracy; condemns the increased pressure on these rights, where proven, and notes the trend of restricting them; condemns also, in this context, episodes of violence against police forces; calls on the Commission to reflect these freedoms in the annual report;

47.  Expresses deep concern about the shrinking civic space and increasing persecution of CSOs and HRDs in the EU, particularly those working on anti-racism, climate justice, LGBTIQ rights, women’s rights and migrant supports; notes that these groups face a range of threats including legal and financial restrictions, funding suspensions, smear campaigns, intimidation and criminalisation; condemns, in particular, the growing repression of climate activism in several Member States, including the misuse of anti-terrorism and organised crime laws and the classification of peaceful climate activists as members of ‘criminal organisations’; calls on the Member States to refrain from disproportionate legal action against such activists; urges the Commission to systematically monitor the situation of these organisations in its rule of law reports and to expand dedicated EU funding for civil society actors combating racism and working on other fundamental rights;

48.  Calls on the Commission to address such breaches in a dedicated pillar of the annual rule of law reports; calls on the Commission to strengthen the protection of CSOs and HRDs, by establishing early warning mechanisms, increasing the transparency of funding for all actors in the scope of the EU Transparency Register and expanding funding to support CSOs to enable them to operate freely and independently;

49.  Urges the Member States to create an enabling environment for CSOs and HRDs, adopt the Anti-SLAPP Directive, and implement Commission Recommendation (EU) 2022/758 to protect CSOs from legal harassment; calls for strengthened independence of national oversight bodies, with adequate resources and safeguards against political interference; encourages support for CSOs in developing and disseminating educational initiatives to ensure broad outreach and accessibility;

50.  Considers that the Commission and the Member States should improve funding mechanisms for CSOs and initiatives that strengthen the judiciary and uphold court independence, namely through the Citizens, Equality, Rights and Values programme and the Justice programme; welcomes the fact that the Commission plans to draft a strategy for protecting civil society, recalls, at the same time, that there should be a special focus on HRDs; calls on the Commission to include a rapid response mechanism to support threatened CSOs and HRDs within the Union, drawing on the model of the EU-funded ‘Protect Defenders’ mechanism, which currently has a non-EU focus only; emphasises that this mechanism could provide resources for advocacy, legal aid and awareness campaigns, while ensuring that these organisations can operate without undue restrictions or harassment; calls for the full and consistent application of the Union guidelines on HRDs in candidate and potential candidate countries; is concerned, however, by the growing trend in some Member States of CSOs and HRDs facing challenges, with new legal restrictions, a lack of funding, and physical or verbal attacks, and by the deplorable acceptance of such practices and the chilling effect thereof, including on their freedom of speech within the Member States(57) and the EU institutions; considers that CSOs and HRDs play an essential supportive role in monitoring Member States’ compliance with the values enshrined in Article 2 TEU;

Equality and non-discrimination before the law

51.  Recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in judicial proceedings; stresses that the rule of law and fundamental rights are interlinked and that violations of the rule of law have an immediate impact on fundamental rights and disproportionately affect women, minorities and vulnerable groups; calls on the Commission to monitor the effect of any violations of the rule of law on fundamental rights and to ensure that equality and non-discrimination before the law for all people are protected through the use of all relevant instruments, including infringement procedures, where appropriate;

52.  Stresses the need to fight against all types of discrimination before the law; expresses its concern over the lack of progress in and implementation of equality and anti-discrimination laws in some Member States; regrets the fact that, despite existing EU legislation such as Directive 2000/78/EC(58) on equal treatment, gaps in the legal framework and in implementation persist, leaving victims without adequate legal recourse; recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in legal remedy; calls on the Commission to act in cases of non-compliance with these principles; deplores the intention of the Commission to withdraw the proposal for a horizontal equal treatment directive(59) and urges the Council to adopt the directive without further delay;

53.  Is concerned that the Commission’s 2024 Rule of Law Report noted that some Member States fail to effectively prosecute hate crimes or provide sufficient support to victims of hate crimes, undermining trust in judicial systems and perpetuating inequality before the law; calls on the Council to extend the current list of ‘EU crimes’ in Article 83(1) TFEU to include hate crimes and hate speech and calls on the Commission to put forward a legislative proposal on hate crime and hate speech; asks the Commission to focus on hate crimes in its rule of law reports and, in this regard, to closely monitor and record hate crimes;

54.  Underlines that gender-based violence, online and offline, is a major and pervasive offence, as well as a radical violation of fundamental rights, and it violates the principle of equality before the law; calls on the Commission and the Member States to take action against gender-based violence, both online and offline, including violence committed through the use of digital platforms; calls for gender-based violence to be added to the list of EU crimes and for an EU legislative proposal on combating rape based on the lack of consent, also in candidate and potential candidate countries;

55.  Recalls the need for access to sexual and reproductive rights and health and calls for access to safe, legal abortion to be enshrined in the Charter;

56.  Calls on all Member States to protect LGBTIQ rights in compliance with Union law, the Charter, and CJEU and ECtHR case-law, recalls that legal barriers to recognising same-sex partnerships or parenthood across borders persist in several Member States; warns that such practices not only hinder the free movement of LGBTIQ families within the EU, but also violate the rule of law principle of non-discrimination before the law, highlighting the lack of uniform protection for LGBTIQ individuals across Member States; calls on the Member States who have not yet done so to introduce legal recognition of same-sex partnerships; calls on the Commission to recast Directive 2004/38/EC(60) in order to include an explicit cross-border recognition of private and family life rights, including parenthood for same-sex parents, in the light of the latest rulings(61) of the CJEU; stresses that all children are equal before the law and that Member States must act in the best interests of the child, increase legal certainty and reduce discrimination against the children of same-sex parents; recalls Parliament’s position supporting the recognition of parenthood across the EU, irrespective of how a child is conceived or born, or the type of family they have; urges the Commission to present a renewed LGBTIQ strategy that fully addresses the challenges throughout Europe; calls on the Commission and the Council to make LGBTIQ rights a cross-cutting priority across all policy fields; calls on the Commission to put forward appropriate legislative measures to ensure respect for these principles, as well as to rely on infringement procedures against Member States; urges the Commission to present legislative proposals to combat hate crimes and hate speech on grounds of gender identity, sex characteristics and sexual orientation;

57.  Is deeply concerned about the discriminatory measures introduced in some Member States under the pretext of fighting ‘LGBTIQ propaganda’ and ‘gender ideology’ which are contributing to an alarming increase in hate crimes and hate speech targeting LGBTIQ individuals in several Member States and have a negative impact on children, families and workers; welcomes the CJEU’s opinion of 5 June 2025 stating that it considers Hungary to be in violation of EU law in prohibiting or restricting access to LGBTIQ+ content; highlights the negative impact of such measures on the freedom of expression and assembly for LGBTIQ groups and beyond; emphasises that these actions encourage discrimination against LGBTIQ individuals and contravene EU law; urges the Commission to present a proposal for a binding EU ban on conversion practices in all Member States; notes that in 2024, both the Commission and the European Union Agency for Fundamental Rights (FRA) noted an alarming increase in hate crimes and hate speech targeting LGBTIQ individuals and other minorities in several Member States, stresses the importance of the right to self-determination of LGBTIQ persons and reminds Member States that, in accordance with case-law, the right to self-determination is a fundamental right; therefore urges all Member States who have not done so yet to make sure that LGBTIQ individuals have access to legal gender recognition;

58.  Is deeply concerned by and strongly condemns the rising levels of anti-Semitism across the EU; is also deeply concerned and strongly condemns the rising levels of Islamophobia and all other forms of discrimination across the EU, including acts of violence, intimidation, hate speech and the display of hate symbols in public spaces; calls on the Member States and candidate and potential candidate countries to make sure that members of all minorities are equal before the law; calls on the Member States to review laws and policies to ensure that they do not discriminate against minorities, directly or indirectly, and to review any discriminatory legal provisions and regulations; calls for sustained efforts at both EU and national levels to monitor, prevent and prosecute related hate crimes and to protect Jewish and Muslim communities from harassment and violence;

59.  Emphasises that a lack of accountability disproportionately affects minorities’ communities, fair political representation, and economic opportunities; calls for increased transparency in public decision-making processes to ensure inclusive and equitable governance;

60.  Calls on the Member States to fully implement Directive 2024/1500(62) and Directive 2024/1499(63), which establish minimum standards for equality bodies; calls for concrete measures to guarantee their independence and ensure their effectiveness in promoting equality;

61.  Underlines that third-country nationals legally residing in the EU, regardless of their nationality or place of birth, must be treated in a non-discriminatory manner and enjoy fair and equal treatment in the areas specified by existing legislation; points out that third-country nationals, regardless of their nationality, place of birth or residence status, have the right to apply for international protection in compliance with international and EU law, of which the non-refoulement principle is an integral part; calls on the Commission to support the Member States in upholding the rule of law and fundamental rights enshrined in the Charter and in implementing the legislation adopted by the co-legislators; stresses the binding nature of the judgments of the CJEU and the ECtHR;

62.  Urges the Commission to ensure that the free movement of persons within the EU, the right to reside freely, and family reunification are fully respected in the EU territory and that every citizen can enjoy equal rights and fully exercise their rights;

63.  Urges the Commission to strengthen the focus in the annual rule of law report on strengthening the fight against all forms of discrimination in access to justice; calls on the Commission and the Member States to combat discrimination on grounds of racial and ethnic origin, religion or belief, nationality, political opinion, language, disability, age, gender, including gender identity and gender expression, and sexual orientation; urges the Council to reach an agreement on Directive 2008/0140(CNS)(64); urges the Commission to introduce new pillars in the annual rule of law report focusing on combating all forms of hatred and discrimination as enshrined in Article 21 of the Charter, namely regarding crimes that target minority groups and members of national, ethnic, linguistic and religious minorities, as well as the conditions of civil society in Member States; calls on the Commission to require Member States to collect comparable and robust disaggregated equality data to fully assess the impact of structural discrimination on the rule of law; calls on the Commission to reconsider its position on the Minority SafePack Initiative and to put forward legislative initiatives to safeguard the promotion of minority rights and language rights; reiterates its call for the EU to accede to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages; calls for closer ties between the EU and the Council of Europe on minority rights, including in view of the enlargement process;

64.  Emphasises the need for Member States to address the gender gap in the judiciary and other key democratic institutions; recommends implementing targeted measures to increase women’s representation in senior judicial and public administration positions;

65.  Calls on the Member States to establish national human rights institutions, in accordance with the UN Paris Principles, to guarantee their independence and to ensure that they have the capacity to carry out their tasks effectively;

Single market and the rule of law

66.  Highlights the importance of the rule of law in ensuring the smooth and efficient functioning of the single market and reaffirms that well-functioning, independent judicial systems, effective anti-corruption frameworks and strong protection of media freedom are crucial for maintaining fair competition, upholding legal certainty and fostering trust among economic operators; underlines that non-compliance and circumvention of European regulations lead to enormous distortions of competition in the internal market; emphasises that reliable and stable rule of law structures are key pillars for investment and trade, which are essential for competitiveness and, therefore, for the capacity of the welfare system and the labour market in the EU;

67.  Stresses that the proper functioning of the single market depends on the effective application of the principle of mutual trust and recognition in both judicial and administrative cooperation; recalls that such trust can only be sustained where the rule of law – as also recommended by the Venice Commission in its rule of law checklist – is fully upheld; indicates that the principle of mutual recognition should be suspended in cases of systemic breaches;

68.  Underlines the negative economic impact that corruption and weak judiciary systems have on investor confidence and cross-border cooperation; is concerned that national governments and institutions which fail to uphold the rule of law may allow anti-competitive behaviour to flourish, or may even actively encourage it for political or economic gain, thereby potentially damaging the EU’s economy and undermining the fairness of its internal market;

69.  Recalls that, within the scope of application of the Treaties, any discrimination on the grounds of nationality is prohibited in accordance with the Charter, and that freedom of establishment, service provision and movement of capital are fundamental to the single market; underlines that the rules regarding equality of treatment forbid overt and covert discrimination by reason of nationality or, in the case of a company, its seat; recalls its condemnation of the reported systemic discriminatory, non-transparent and unfair practices against companies in some Member States;

70.  Condemns systemic discriminatory practices in Hungary, including the misuse of EU funds to benefit political allies, violations of EU competition rules, and the concentration of businesses in the hands of oligarchs with ties to the government; deplores the release of EU funds to the Hungarian Government despite ongoing deficiencies in judicial independence and anti-corruption frameworks; recommends suspending disbursements until all rule of law benchmarks are met; urges the Commission to ensure that EU funds reach the Hungarian population, including through direct and indirect funding mechanisms for beneficiaries independent of the Hungarian Government;

71.  Highlights the importance of addressing economic inequality and social exclusion as threats to democratic participation and the rule of law;

72.  Calls on the Commission to integrate the single market dimension of the rule of law more explicitly into its monitoring mechanisms, with a stronger focus on the uniform and rapid application, implementation and enforcement of existing legislation, ensuring that Member States’ adherence to rule of law principles is assessed not only from a democratic and judicial standpoint but also in terms of its economic impact on the single market and financial stability; requests that the Commission include in its 2025 rule of law report a dedicated chapter on the single market dimension; urges the Commission to use all available legal tools to address rule of law deficiencies, including launching infringement procedures and competition law enforcement powers when necessary, to preserve the functioning of the internal market;

Rule of law toolbox

73.  Stresses the importance of embedding rule of law milestones in funding instruments such as the Recovery and Resilience Facility (RRF); deplores the release of EU funds to the Hungarian Government despite ongoing deficiencies in judicial independence and anti-corruption frameworks; recommends suspending disbursements until all rule of law benchmarks are met; urges the Commission to ensure that EU funds reach the Hungarian population, including through direct and indirect funding mechanisms for beneficiaries independent of the Hungarian Government, while maintaining the full impact of the measures taken;

74.  Criticises the Council’s inaction in advancing ongoing Article 7 TEU proceedings, which weakens the EU’s credibility in upholding the rule of law; urges the Council to unblock the next steps in the Article 7 TEU procedure in relation to Hungary, given persistent violations on judicial independence, media freedom and civil society, which necessitate immediate and decisive action; recommends that the Council ensure that hearings take place at least once per presidency during ongoing Article 7 procedures and also that new developments affecting the rule of law, democracy and fundamental rights are addressed; emphasises that there is no need for unanimity in the Council in order to identify a clear risk of a serious breach of Union values under Article 7(1) TEU, or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call on the Council to do so, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Council itself; insists that Parliament should have a more active role in Article 7 TEU proceedings, including the ability to present reasoned proposals to the Council, attend Council hearings and be fully informed at every stage of the procedure;

75.  Welcomes the preventive tools in the rule of law toolbox, such as the annual rule of law cycle, the EU justice scoreboard, the European Semester, EU funds to support civil society, judicial networks and media freedom and the rule of law milestones in the RRF; insists that a closer link between the findings of the 2024 Rule of Law Report and the allocation of financial support under the Union budget is introduced, in terms of milestones, ensuring that EU funds are tied to the achievement of necessary reforms; calls on the Commission to further develop a direct link between preventive and reactive instruments and hence, on the basis of the findings in the annual rule of law reports, to promptly and in a coordinated manner launch infringement procedures, set further steps in applying the Article 7 TEU procedure, and apply the Rule of Law Conditionality Regulation and the horizontal enabling conditions related to the Charter, as well as provisions from the Financial Regulation and Common Provisions Regulation; calls on the Commission to assess and report on the potential risks to the Union budget posed by weaknesses in rule of law regimes in the annual rule of law reports starting with the 2025 report; underlines that both the triggering of the reactive instruments and the closure of relevant procedures must be based on the objective criterion of compliance with the rule of law and with EU and international law as interpreted by international courts;

76.  Calls on the Commission to systemically resort to expedited procedures and applications for interim measures before the CJEU in infringement cases; calls on the Commission to revise its policy, outlined in its 2022 communication on enforcing EU law(65), not to use infringement actions for ‘individual’ redress, as this policy has led to serious deprivation of rights for citizens across the EU, especially where their own governments are refusing to comply with EU law or CJEU judgments, also because most of these cases are not merely individual but address strategic and fundamental issues; asks the Commission to report annually on the application and effectiveness of the tools used against breaches of the principles of the rule of law in Member States;

77.  Underlines the need for an ever more comprehensive toolbox ensuring compliance, beyond its budgetary dimension, with EU values across all Union law, including financial instruments, to prevent backsliding; urges the Commission to identify the gaps and present relevant proposals broadening the scope of this toolbox; supports stronger application of the Rule of Law Conditionality Regulation, with cross-cutting conditionality in EU funding programmes; maintains its position that frozen EU funds should only be released once meaningful reforms have been fully implemented and rule of law compliance has been verifiably achieved in practice; emphasises the need for consistency and transparency in applying the toolbox to protect Union values, without political considerations and using objective criteria to trigger reactive instruments; highlights the fact that conditionality should equally apply to candidate and potential candidate countries; insists on the importance of Parliament’s role in overseeing the use of those tools; urges the Commission to conduct systematic audits of the distribution of EU funds to prevent conflicts of interest, political instrumentalisation or opacity in fund allocation at the national level;

78.  Insists on the introduction of a performance-based instrument in the multiannual financial framework (MFF) to strengthen the alignment between EU funds and the respect for Union values enshrined in Article 2 TEU such as democracy, fundamental rights and the rule of law; requests that the future MFF include robust rule of law safeguards applicable to all EU funds;

79.  Expresses concern that the suspension of EU funds could be misused as a political weapon against civil society and local authorities; recalls that the Rule of Law Conditionality Regulation ensures that final recipients should not lose access to EU funds if sanctions are applied to their government; calls for ‘smart conditionality’ that would enable national governments undermining the rule of law to be bypassed by allocating decommitted EU funds directly to local and regional authorities and to non-governmental organisations and businesses that comply with EU law, as well as by simplifying the reallocation of funds intended for the benefit of the Member State in question to other EU programmes; proposes the establishment of a transparent system for local authorities to request EU funds when national governments block or misuse EU funds; stresses the importance of strictly applying the conditionality mechanisms as enshrined in the Instrument for Pre-Accession Assistance and in the Reform and Growth Facility for the Western Balkans in a transparent manner;

Checks and balances

80.  Underlines the importance of safeguarding the separation of powers and a stable institutional framework in every Member State; calls on the Member States to ensure that any constitutional or legislative reforms affecting the separation of powers fully comply with EU fundamental values and legal principles;

81.  Calls on the Member States to refrain from excessively using accelerated procedures that bypass stakeholder and civil society consultation, including parliamentary scrutiny or emergency powers, as these negatively impact the stability and the quality of lawmaking and democracy; calls on the Member States to set up transparent lawmaking processes following systematic and public consultation with various stakeholders and advisory bodies;

82.  Encourages national governments and parliaments to publish publicly accessible impact assessments and consultation findings for every major legislative proposal;

83.  Underlines the recommendation of the Venice Commission that complaints and appeals in the case of electoral irregularities, in particular with regard to vote buying, ballot-box stuffing and incorrect vote counting, be followed up effectively; recalls the importance of the EU legislation adopted in this regard, namely the DSA, the Digital Markets Act(66), the AI Act(67), Regulation (EU) 2024/900 on the transparency and targeting of political advertising(68) and the EMFA; calls on the Commission and the Member States to fully implement these acts and provide adequate public resources for the measures under them;

84.  Calls on the Member States to strengthen the independence of national oversight bodies in order to ensure resources and freedom from political interference; stresses the importance of civil society and HRDs in promoting accountability and protecting fundamental rights;

85.  Expresses deep concern about the rise of extremism and its corrosive effect on democratic norms and the rule of law in several Member States; notes with concern that extremist groups actively target minorities and contribute to a climate of fear, discrimination and polarisation; calls on the Commission to explicitly identify such groups as a threat to democracy, human rights and fundamental freedoms, including academic and media independence, in its annual rule of law report; urges the Member States to take decisive action to counter their influence through robust legal frameworks, education promoting democratic values, and support for CSOs countering extremism; calls for coordinated EU action to counter this threat, including through education, social inclusion programmes and, where necessary, legal measures;

86.  Expresses concern about the reported cases of the use of surveillance technologies by Member State governments against journalists, activists, opposition figures and staff of the EU institutions; recalls that the use of spyware must be strictly proportionate and necessary and urges the Commission to present a plan of measures to prevent its abuse without undue delay, making full use of all available legislative means provided by the Treaties, as recommended by the PEGA Committee;

87.  Notes with concern the increasing use of artificial intelligence for national security and law enforcement purposes across the EU, stressing the risks to fundamental rights and freedoms(69); recalls the need to ensure robust data protection safeguards when Member States or national authorities employ surveillance software; calls for strengthened EU legislation to prevent mass surveillance and discrimination;

88.  Is concerned about foreign interference in the Member States and in candidate and potential candidate countries, including social media manipulation and disinformation by forces both inside and outside the Union to manipulate public opinion and distort democratic debate; stresses the importance of transparency in platform algorithms, independent audits and robust fact-checking mechanisms to combat disinformation and safeguard democracy; calls on major digital platforms to cooperate with national law enforcement authorities to support investigations into illegal online activities; calls on the Commission and the Member States to monitor this and to apply the DSA and the Digital Markets Act swiftly, particularly regarding very large online platforms; calls on the Commission to include greater scrutiny of online platform disinformation in Pillar 3 (Pluralism and Media Freedom) of its rule of law report;

89.  Stresses the importance of academic freedom as an integral aspect of the rule of law and urges the Member States to protect universities from political interference and ensure institutional autonomy; encourages the Member States to foster a culture of the rule of law through awareness campaigns, outreach initiatives and action promoting democratic values and principles;

90.  Invites the Commission and the Member States to consider engaging in a process focused on improving administrative procedures and practices that have an impact on the functioning of key democratic processes and the exercise of checks and balances in line with the EU’s established, shared principles;

Horizontal recommendations

91.  Recognises the Commission’s rule of law report as a key preventive tool for monitoring the state of the rule of law across the EU, facilitating dialogue between Member States, and guiding reforms in areas such as judicial independence, anti-corruption, media freedom and other checks and balances;

92.  Acknowledges that the Commission’s rule of law report has become more comprehensive since its inception in 2020; deplores, however, the fact that essential elements from Parliament’s 2016 resolution have not yet been implemented and that the Commission has not fully addressed the recommendations made by Parliament in its previous resolutions; considers that these recommendations remain valid and reiterates them; calls for the inclusion in the annual report of important missing elements of the Venice Commission’s rule of law checklist, such as prevention of the abuse of powers, equality before the law and non-discrimination; reiterates its position that the report should cover the full scope of the values of Article 2 TEU, as these cannot be seen in isolation; asks the Commission to explore the potential release, at around the same time, of all reports related to the rule of law or fundamental rights, such as the annual reports on compliance with the Charter or the report by the FRA, in order to enable a simultaneous global debate on these issues; regrets, however, that despite the growing threats of disinformation, propaganda and information manipulation targeting European democracy, a similar peer review practice among the Member States, in support of the efforts of the OSCE Office for Democratic Institutions and Human Rights, has not yet been considered;

93.  Calls on the Commission to expand the scope of the report next year; insists that the Commission’s 2025 rule of law report cover the entire scope of Article 2 TEU and 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, in order to provide a fuller picture of rule of law standards across the EU, and in candidate and potential candidate countries;

94.  Calls on the Commission to publish the criteria it uses to select information from civil society, international bodies, national authorities and other stakeholders in the process of their rule of law reporting; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research in order to add detail in key areas of the annual report, given the intrinsic links between fundamental rights and the rule of law;

95.  Encourages the Commission to use clearer language and transparent assessment rules to evaluate compliance with the values enshrined in Article 2 TEU; reiterates its call to the Commission to differentiate clearly between systemic and isolated breaches of the rule of law in Member States, to avoid the risk of trivialising the most serious breaches of the rule of law, and to make clear that when the values of Article 2 TEU are systematically, deliberately and gravely violated over a period of time, Member States could fail to meet all criteria that define a democracy; indicates that the recommendations should better reflect negative findings in the report and be more detailed; believes that the assessment of the fulfilment of previous recommendations should be more precise and qualitative, not relying only on legislative changes but also on real and independent evidence of their implementation in practice; invites the Commission to conduct field visits and provide assessments based on concrete and independent evidence of implementation in practice;

96.  Warns that failing to link monitoring to real consequences risks diminishing the report’s relevance in the Member States; calls for a greater focus on implementing country-specific recommendations, with timelines and measurable benchmarks, including, where relevant, reference to existing opinions of international bodies (e.g. the Council of Europe’s Venice Commission, UN Special Rapporteurs) or relevant court rulings (including from the ECtHR); calls on the Commission to detail the possible consequences in the event of non-compliance, including by referring to specific instruments from the toolbox, which includes budgetary tools and funding conditionality; believes that certain breaches of the values deserve immediate enforcement action and other breaches require recommendations to be implemented urgently; urges the Member States to implement the recommendations outlined in previous reports and commends those Member States that have not only implemented the recommendations but have also exceeded the established standards;

97.  Notes that the release date of the annual rule of law report in July is not conducive to generating sufficient visibility and is contrary to the report’s intended purpose of generating a genuine public debate about its findings; urges the Commission to reconsider the publication date and undertake additional efforts to make its findings widely known in all Member States;

98.  Recalls that decisions taken or not taken by the EU institutions often influence the rule of law situation in the Member States; criticises the fact that the rule of law status at the EU institutions remains outside the scope of the Commission’s 2024 Rule of Law Report; requests that a chapter on the EU’s adherence to rule of law standards, based on an independent review mechanism, be included in the Commission’s 2025 rule of law report;

99.  Proposes a comprehensive interinstitutional mechanism on democracy, the rule of law and fundamental rights covering all the values set out in Article 2 TEU and involving all EU institutions, Member States and candidate countries in order to foster uniformity; emphasises the need to ensure full independence and objectivity in the composition and functioning of this body, while adapting its mandate specifically to address rule of law challenges;

100.  Believes that EU-level interinstitutional dialogue and cooperation on the rule of law should be strengthened; regrets the fact that the Commission and the Council have so far rejected its offer to enter into an interinstitutional agreement on democracy, the rule of law and fundamental rights; reaffirms its willingness to resume talks on this agreement; calls on the other institutions, in the meantime, to at least explore further cooperation in the context of the proposed interinstitutional pilot on democracy, the rule of law and fundamental rights, which would help build trust between the institutions in a practical way, in particular by sharing monitoring, dialogue and meeting practices; calls on the Council to make its rule of law dialogue more inclusive by inviting other institutions, such as the Venice Commission, the Human Rights Commissioner and representatives of Parliament, to its sessions; believes that the Council’s rule of law dialogue should become more interactive, with systematic provision of feedback; calls on the Member States to invest in proper preparation for this dialogue; emphasises that increased transparency would enhance the rule of law dialogue within the Union and therefore invites the Council to provide detailed public conclusions; urges the Council to engage with national parliaments to enhance democratic oversight of Member States’ compliance with EU rule of law standards; stresses that the rule of law report should be evidence-based and objective, addressing the Member States and EU institutions, and should include preventive and corrective measures;

101.  Calls on the Member States to ensure that emergency measures adopted in response to crises (such as pandemics or security threats) are subject to regular parliamentary scrutiny and judicial review, and are strictly time-limited and proportionate;

102.  Considers that cooperation between the EU and international organisations such as the Council of Europe, the OSCE and the UN in promoting and defending democracy, the rule of law, fundamental freedoms and human rights, including the rights of minorities, should be further strengthened;

103.  Encourages the Member States to develop and implement comprehensive civic education programmes that foster understanding of democratic institutions, the rule of law and fundamental rights among citizens of all ages;

104.  Deplores the fact that the Commission has not incorporated many of Parliament’s repeated requests regarding the Commission’s rule of law reports; demands that the Commission issue a communication by 31 December 2025 detailing which of the requests adopted by Parliament in relation to the Commission’s rule of law reports since 2021 the Commission will implement, which it will not, and why;

105.  Welcomes the extension of the Commission’s rule of law report to cover candidate countries, namely Albania, Montenegro, North Macedonia and Serbia, reinforcing the fact that the EU’s fundamental values must be respected not only by current Member States but also by future members during the accession processes; encourages a close evaluation of the rule of law in all countries in an accession process; encourages the Commission to provide concrete recommendations to accession countries on the state of the rule of law, and to ensure alignment with the enlargement report; expects the Commission to include all candidate countries in its 2025 rule of law report;

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106.  Instructs its President to forward this resolution to the Council, the Commission, the European Union Agency for Fundamental Rights, the Council of Europe and the governments and parliaments of the Member States.

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(50) Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) (OJ L, 2024/1069, 16.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1069/oj). (51) OJ L 138, 17.5.2022, p. 30, ELI: http://data.europa.eu/eli/reco/2022/758/oj. (52) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1, ELI: http://data.europa.eu/eli/reg/2022/2065/oj). 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