The sixth annual report on the state of the rule of law in the EU, published by the Civil Liberties Union for Europe (Liberties), is the civil society network’s most comprehensive report on the rule of law in the EU to date. Produced by Human Rights Watch together with Liberties and other national members and partners, the report is known as the “shadow report” for the European Commission’s annual rule of law audit and provides an overview of country reports, trends and recommendations to the EU institutions on how to address the weaknesses it highlights. The report’s findings feed into the European Commission’s Rule of Law Monitoring Cycle and contributing organisations present their local insights during annual country visits.
Decline of Democracy Deepens, EU Tools Toothless: Report
● Checks and balances weakened by emergency, fast-track legislative procedures
● Justice systems under growing political pressure through smears, under-finance
● Climate, pro-Palestine protests widely restricted, intimidated by excessive police force
Europe’s democratic recession has deepened in 2024, the Liberties Rule of Law Report has found. Countries regarded as democratic strongholds are sliding towards authoritarian tendencies and the European Union’s minimal use of its rule of law toolbox has barely made a dent. In its sixth edition since 2019, the 600-page Report identifies the most striking infringements of justice, corruption, media freedom, checks and balances, civic space and human rights in the European Union in 2024.
Lithuania has made partial progress in improving its justice system, in particular by increasing transparency in the consideration of judicial nominations and preparing for reforms in 2025. However, challenges remain in terms of delays in trials, staff shortages and limited resources, especially in the regions. Legal aid reforms have been introduced but face administrative difficulties. The anti-corruption framework has improved, in particular in the area of transparency in public procurement, but problems remain with political protectionism and insufficient implementation of whistleblower protection. Media freedom has improved but challenges remain, such as disinformation and political pressure on journalists. While the system of checks and balances has been strengthened, a lack of resources continues to hamper important institutional action and improvements are needed in the area of consultation of marginalised groups. Civil society faces pressure from strict funding and accountability requirements. In addition, the Parliament has failed to pass a law legalising same-sex partnerships and to remove discriminatory provisions on LGBTQIA+ rights.
Key Country-cohort Insights
● “The Weakest Link”: In Hungary, already the worst performer for years, significant regression was detected across the board including renewed campaigns by the “hybrid regime” against judicial independence, civil society organisations, public participation and media freedom.
● “Dismantlers”: Governments of Italy, Bulgaria, Croatia, Romania, Slovakia systematically, intentionally undermine the rule of law in nearly all aspects.
● “Sliders”: Role-model democracies like Belgium, France, Germany, or Sweden demonstrated isolated but still troubling decline in a few dimensions risking lower standards will be followed by more.
● “Maintainers”: Greece, Ireland, Malta, the Netherlands, and Spain stagnate or made only minimal progress in their rule of law indicators.
● “Hard Workers”: Estonia and the Czech Republic show signs of genuine and systemic efforts of improvement highlighting the successful role of civil society in achieving positive change.
● “The Cautionary Tale”: Poland, where the new government has attempted to restore judicial independence and media pluralism without major progress, illustrates that addressing the compromised independence of institutions is an extremely challenging and fragile endeavor.
Key Insights on Dimensions
● The justice system still suffers from political manipulation, insufficient resources, and barriers to legal aid, which undermines its independence, quality and efficiency.
● In the realm of anti-corruption, there is a persistent lack of transparency, weak law enforcement, and inadequate protection of whistleblowers, leading to eroded trust in governmental integrity.
● Media freedom remains under threat, 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, which erode the democratic and legal control over the government.
● Civic space continues to shrink, with widespread smear campaigns emboldening governments to adopt restrictive laws in particular on the right to peaceful protest and freedom of association.
● Human rights are under increasing pressure, with stricter migration policies, inadequate protections for vulnerable groups, and rising discrimination and hate speech impacting minorities across the region.
Balazs Denes, Executive Director of the Civil Liberties Union for Europe (Liberties), said:
“As far-right populism rises and democracy backslides in the U.S., 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. To safeguard the EU, and the rules-based world, the European Commission must strengthen the rule of law enforcement—linking it directly to Article 7, budgetary conditionality, and infringement proceedings.”
Photo: Liberties
