Rule of law deteriorates across the EU, report finds

While the situation varies from one member state to another, there is a broad and fundamental trend towards rule of law encountering severe challengers over the past few years, the Liberties Rule of Law report reveals.

The 1,000-page report — published on Monday by the Civil Liberties Union for Europe advocacy group — is released annually, with its sixth iteration released this year being the result of collaboration between 43 human rights organisations from 21 EU countries.

One of the most striking conclusions drawn from the organisation's research is the persistence of reported violations and the overarching deterioration of the rule of law across the EU.

While individual countries exhibit variations, the broader observation is that all fundamental aspects of the rule of law – namely, the justice system, anti-corruption measures, media freedom, checks and balances, civic space and human rights – have encountered similar and deepening challenges over the past few years.

This clearly highlights persistent and systemic deficiencies in the rule of law across the bloc.

"We see a large number of countries where the rule of law continues to decline, most notably in Italy, Slovakia, Romania and Hungary," Viktor Z Kazai, senior rule of law expert at the Civil Liberties Union for Europe and one of the authors of the report, told Euronews.

"The reason behind this is because the EU is not strong enough in its responses to rule of law decline. If rule of law violations are permitted, even tacitly, it encourages government leaders to further deteriorate the rule of law," Kazai added

Countries separated into different groups

The "stagnators" are countries that remained static or made minimal progress in their rule of law indicators. Greece, Ireland, Malta, the Netherlands and Spain belong to this group.

The "sliders" are model democracies like Belgium, France, Germany and Sweden, demonstrating isolated but troubling declines in certain areas.

The "dismantlers" are countries where the rule of law is systematically and intentionally undermined in almost all areas, with this group comprising of Italy, Bulgaria, Croatia, Romania and Slovakia.

The weakest link, and repeat offender, was found to be Hungary. 

Some countries displayed marked attempts at improving the state of the rule of law domestically.

The “hard workers,” Estonia and the Czech Republic, showed signs of genuine and systemic efforts at making improvements, highlighting the successful role of civil society in creating positive change.

Poland, meanwhile, is considered a "cautionary tale" as the new government has attempted to restore judicial independence and media pluralism without achieving major progress, illustrating that addressing the compromised independence of institutions is a highly challenging and fragile endeavour. 

According to the report, it is crucial that the European Commission links the annual rule of law report with rule of law enforcement mechanisms, such as Article 7 infringement proceedings for member states that fail to respect European values or EU conditionality. 

Key insights

The justice system still suffers from political manipulation, insufficient resources and barriers to legal aid, all of which undermine its independence, quality and efficiency, according to the report.

The big picture also shows that in the realm of fighting corruption, there is a persistent lack of transparency, weak law enforcement and inadequate protection of whistleblowers, leading to an erosion of trust in government integrity. 

Media freedom remains under threat in many countries, as political influence compromises the independence of regulatory bodies and concentrated ownership stifles pluralism, with journalists facing increasing harassment and legal challenges. 

Checks and balances are further weakened by the overuse of fast-track legislative processes, political interference in independent authorities and compromised integrity of the electoral system, all eroding democratic and legal control over the government. 

Furthermore, civic spaces have continued to shrink as widespread smear campaigns embolden governments to adopt restrictive laws, in particular when it comes to the right to peaceful protest and freedom of assembly and association.

Finally, human rights are under increasing pressure due to stricter migration policies, inadequate protection for vulnerable groups, and rising discrimination and hate speech impacting minorities across the region.

International challenges

As the report's authors note, these internal challenges are unfolding against a shifting geopolitical landscape, with the rise of far-right populism and democratic backsliding in the US and global conflicts shaping Europe’s political trajectory. 

The far-right’s growing influence threatens EU unity, while Russia’s war on Ukraine and declining transatlantic support for European security test the bloc’s resilience.

Migration policies are becoming more hardline, with states tightening borders and restricting asylum rights, often in violation of international law.

Meanwhile, the EU's enforcement mechanisms remain weak, which has allowed illiberal trends to fester rather than send a clear message on the centrality of the rule of law and fundamental rights.

Without decisive action, the EU risks further democratic erosion, internal fragmentation and weakened global standing.

“As far-right populism rises and democracy backslides in the US, Europe's rule of law crisis deepens. Growing far-right influence threatens EU unity, while Russia’s war in Ukraine and rapidly transforming transatlantic ties test the bloc’s resilience," the report stated.

"To safeguard the EU and the rules-based world, the European Commission must strengthen rule of law enforcement - linking it directly to Article 7, budgetary conditionality and infringement proceedings.”