The seventh annual report on the state of the rule of law in the EU, published by 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 Monitoring Institute 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.
EU Rule of Law Erodes Further as Commission Struggles to Respond
● Vast majority of EU recommendations left ignored by Member States
● ‘Dismantlers’ – governments of Bulgaria, Croatia, Italy and Slovakia – consistently and intentionally weaken the rule of law, Hungary standing out as the most aggressive
● Checks and balances sees a wide-spread regression across the EU
Examining the most significant infringements of justice, corruption, media freedom, and checks and balances across the European Union (EU) in 2025, the Liberties Rule of Law Report 2026 has found stagnation as the dominant trend in the rule of law, with very limited progress among Member States. The report finds that the EU’s mechanisms for addressing the decline in the rule of law are largely ineffective, as, despite four years of recommendations from the European Commission, most Member States have failed to turn guidance into tangible action.
Drawing on evidence from a collaboration of 40 human rights organisations across 22 EU countries, the over 800-page report highlights a serious, deliberate erosion of the rule of law in five countries — Bulgaria, Croatia, Hungary, Italy, and Slovakia — and shows that even historically strong democracies, including Belgium, Denmark, France, Germany, and Sweden, are experiencing regression.
“When the European Commission’s Rule of Law Report was introduced in 2020, it was intended as a preventive tool, prompting concrete action before problems became entrenched. Seven years on, our findings highlight not only backsliding but also ongoing, deliberate efforts to undermine the rule of law. Repeating recommendations without meaningful follow-up will not reverse this trend.”
Ilina Neshikj, Executive Director, Civil Liberties Union for Europe
The Liberties report has found that in 2025, 93% of all recommendations by the Commission were repeated from previous years, often without any changes in wording, while the number of new recommendations was cut in half compared to 2024. Out of 100 recommendations assessed by Liberties, 61 show no progress and a further 13 are backsliding.
Key insights on themes
Checks and balances: This pillar yielded the most regression in 2025, as well as the least overall progress. Most stark is the lack of recommendations on the right to peaceful protest, despite concerns in nearly every Member State, including regressive legislation and strong penalties for attending banned protests (Pride in Hungary, Security Decree in Italy).
Justice: This dimension shows a general lack of progress. An emerging trend of increasingly critical or hostile political discourse towards the judiciary and human rights institutions risks undermining public confidence in judicial institutions and weakening the normative foundations of the rule of law across the EU.
Anti-corruption: Stagnation is widespread, structural weaknesses persist across EU Member States. Most outstanding recommendations originate from 2022, indicating that long-standing issues – including critical areas such as lobbying regulation and the enforcement of rules against high-level corruption – remain unresolved.
Media environment and media freedom: Only a small number of Member States have made measurable improvements, while most demonstrate stagnation or regression. Bulgaria, Croatia, Italy, Slovakia and the Netherlands reported increased levels in harassment and physical attacks against journalists. In Slovakia, politicians and affiliates authored more than 500 hateful or defamatory political ads on social media, frequently targeting specific journalists.
Key insights on country categories
‘Dismantlers’ are governments that consistently and intentionally weaken the rule of law across most areas. In 2025, this group includes the governments of Bulgaria, Croatia, Hungary, Italy, and Slovakia. Slovakia and Bulgaria have shown a decline in all dimensions. Hungary, in many ways, remains in a category of its own, continuing to pursue ever more regressive laws and policies without any sign of change.
‘Sliders’ are countries where democratic standards decline in certain areas without being part of a clear political strategy. Countries in this group include Belgium, Denmark, France, Germany, Malta, formerly a ‘Stagnator’, and Sweden.
‘Stagnators’ are countries where rule-of-law conditions do not improve or worsen significantly. Estonia, Greece, Ireland, Lithuania, the Netherlands, Romania, and Spain largely fit into this category. This year, the Czech Republic was added to this group, moving down from its previous status as a ‘hard worker’. In Poland, the government has tried to restore key elements of the rule of law, however, the limited progress so far shows how challenging and fragile it can be to restore compromised institutional independence.
‘Hard Workers’ are governments that actively seek meaningful improvements in rule-of-law standards. Overall, fewer countries indicate positive change compared to previous years. Latvia was the only country assessed to fit into this category.
“Alarmingly, during 2025, the EU institutions themselves mirrored many of the issues seen in Member States: they normalised the use of exceptional, fast-track lawmaking, rolled back key fundamental rights protections, and led a concerted campaign against watchdog organisations. When the institutions fail to consistently apply and defend fundamental rights, they undermine the credibility of the EU and its Rule of Law reports.”
Kersty McCourt, Senior Advocacy Advisor, Civil Liberties Union for Europe
In 2025 m. Lithuania’s rule of law situation remained broadly stable, characterised by functioning institutions and an active civil society, but without significant progress. The Constitutional Court continued to play an important role in safeguarding constitutional principles, particularly in sensitive areas such as same-sex partnerships; however, the implementation of its rulings lagged due to political resistance and slow legislative action. This reveals a clear gap between judicial oversight and its practical enforcement.
At the same time, civil society remained active and engaged in public policymaking, although its effectiveness was constrained by structural challenges, including limited funding, bureaucratic obstacles, and restricted access to information. In the media sector, concerns about editorial independence emerged, particularly in relation to the national broadcaster, indicating potential vulnerabilities in the information environment.
The anti-corruption system remained one of the stronger areas, with institutions actively conducting investigations and public perceptions of everyday corruption continuing to decline, although overall progress in this field has also plateaued. Overall, Lithuania demonstrates resilience and the capacity to maintain democratic standards, yet clear warning signs—political pressure, constraints on civic space, and media-related challenges—suggest that without consistent action, these issues could gradually weaken the rule of law framework.
Liberties Rule of Law Report 2026 is available here.
Liberties’ previous annual rule of law reports are available here: 2020, 2021, 2022, 2023, 2024, 2025.
About Liberties
The Civil Liberties Union for Europe (Liberties) is a Berlin-based civil liberties group with 24 member organisations across the EU campaigning on human and digital rights issues including the rule of law, media freedom, SLAPPs, privacy, targeted political advertising, AI, and mass surveillance.
Liberties’ next EU-wide report on media freedom is due in April 2026.
Photo: Liberties
