Since 2020, the European Commission’s Annual Rule of Law Report examines the rule of law in each EU Member State. However, despite repeated calls from the European Parliament, neither the Commission nor the Council have issued a similar report or supported an independent review of the rule of law within the EU institutions themselves.
A new independent report, Rule of Law beyond the EU Member States: Assessing the Union’s Performance 2024, led by the Rule of Law Clinic at the CEU Democracy Institute (Budapest), seeks to address this gap by examining the EU’s own adherence to rule of law requirements.
The report mirrors the structure of the Commission’s reports and covers the EU justice system, anti-corruption measures, media freedom, and institutional checks and balances. Additionally, it addresses recent developments, such as the new Pact on Migration and Asylum.
A central concern of the report is that without meaningful self-assessment of EU’s own compliance with the rule of law principles, the EU weakens its credibility, particularly as regards systemic non-compliance with EU law by Member States. In this respect, the report finds that politicisation of the EU’s rule of law toolbox has reduced its effectiveness, often allowing Member States to deflect criticism by pointing to the EU’s own failings and instances of seemingly double (enforcement) standards. The report furthermore reveals significant deficiencies at the EU institutional level, particularly in the areas of criminal justice cooperation and migration management.
The report concludes that improving rule of law at EU level is crucial to effectively address rule of law backsliding at Member State level. The failure to do so not only hampers consistent and effective rule of law enforcement but also risks being used as an excuse by non-compliant governments to continue violating the rule of law while also creating negative externalities on compliant member states, reducing overall rule of law compliance. The publication urges the EU institutions to uphold and defend the rule of law more rigorously to safeguard liberal democracy and EU principles across the bloc.
The founder of the CEU Rule of Law Clinic, Professor Dimitry Kochenov said: “measuring the European Union by its own Rule of Law standards is the only way to increase its legitimacy and improve its performance. Our report aims to bridge this significant gap in ensuring the rule of law is foundational to the European Union – as a whole.”
Dr Barbara Grabowska-Moroz, Rule of Law Clinic Director, said: “Ensuring EU institutions hold themselves accountable to rule of law requirements is essential for them to become stronger rule of law actors capable of enforcing the rule of law standards throughout the EU and across Member States.”
