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Representation in Malta
  • News article
  • 24 July 2024
  • Representation in Malta
  • 11 min read

Rule of Law Report 2024: with the 5th edition, the EU is better equipped to face rule of law challenges

Poster

The Commission has today published its fifth annual Rule of Law Report, examining systematically and objectively rule of law developments in all Member States on an equal basis. In comparison to the first issue of the Rule of Law Report adopted in 2020, Member States and the EU as a whole are much better prepared to detect, prevent and address emerging challenges. This contributes to the resilience of our European democracies and to mutual trust in the EU. It also contributes to a good functioning of the single market and benefits a business environment that fosters competitiveness and sustainable growth.

Since its first publication in 2020, the report has become a true driver of positive reforms: Two thirds (68%) of the recommendations issued in 2023 have been, fully or partially, addressed. However, in some Member States systematic concerns remain and the situation has further deteriorated. These concerns are addressed in the recommendations of this year's report. There are no recommendations for enlargement countries in this report as recommendations for these countries are issued exclusively in the context of the annual Enlargement Package.

This year's report includes, for the first time, four country chapters on developments in Albania, Montenegro, North Macedonia and Serbia. Including these enlargement countries in the Rule of Law Report, the most advanced in the process, will support their reform efforts, help authorities to make further progress in the accession process and to prepare for the continuation of work on the rule of law as a future Member State. 

More than 7 in 10 EU citizens agree that the EU plays an important role in helping to uphold the rule of law in their country, according to a Special Eurobarometer survey published today. Close to 9 in 10 EU citizens consider important that all EU Member States respect the core values of the EU, an opinion stable since 2019. In addition, the feeling of being informed about the EU's fundamental values has improved significantly in many countries: overall, 51% EU citizens feel well informed about the EU's fundamental values and rule of law, compared to 43% in 2019.

The 2024 report, as every year, includes a Communication examining the situation in the EU as a whole and 27 country chapters looking at significant developments in each Member State. The report also includes an assessment of last year's recommendations and, on that basis, provides, once more, specific recommendations addressed to all Member States.

The report covers four pillars: national justice systems, anti-corruption frameworks, media freedom and pluralism as well as other institutional checks-and balances.

Key findings and recommendations

  1. Justice reforms

Justice reforms have continued to be high on the political agenda over the last year, with many Member States following up on the 2023 recommendations and implementing reforms agreed in the context of the Recovery and Resilience Facility (RRF). Several Member States have initiated or further progressed with important reforms to strengthen judicial independence. They have undertaken legislative efforts to strengthen the independence and effectiveness of Councils of the Judiciary, to improve judicial appointment procedures, including regarding their highest courts, or to strengthen the autonomy of prosecution services. At the same time, some systemic concerns as regards judicial independence persist and specific cases of deterioration have been observed. Member States also introduced measures to improve the efficiency and quality of justice, as well as to facilitate access to justice. However, in several Member States, remuneration of judges and prosecutors is a concern and has led to challenges to recruit qualified judicial personnel.

Consequently, this year's report recommends to Member States to address challenges such as the need for safeguards in judicial appointment procedures for both judges at lower instance courts and at high-level positions, the autonomy of the prosecution service or the need to provide adequate resources for the judiciary, including as regards salaries.

In the enlargement countries, important reforms, including at constitutional level, have been undertaken to strengthen judicial independence and the quality of the justice systems. However, further works need to be done, notably in areas related to the functioning of the self-governing bodies of the judiciary and on judicial appointments.

  1. Anti-corruption frameworks

Corruption remains a serious concern for citizens and businesses in the EU, according to the results of the 2024 Special and Flash Eurobarometer survey on citizens' and businesses' attitudes towards corruption in the EU.

The results of the Special Eurobarometer show that Europeans remain concerned about national governments' efforts to address corruption: 65% of citizens believe that high-level corruption cases are not sufficiently pursued, and only 30% think that government efforts to combat corruption are effective. Similarly, 51% of EU-based companies think that people or businesses engaging in corrupt practices are caught by or reported to the authorities. Of these companies, around three quarters think that too close links between business and politics lead to corruption (79%) and that favouritism and corruption undermine business competition (74%). Across the EU, an average of 68% of citizens and 64% of EU-based companies consider corruption to be widespread in their Member States.

Since last year, Member States have improved their institutional landscape to better fight corruption, including by increasing resources on the capacity of law enforcement services, prosecution authorities and the judiciary. At the same time, further action is needed to strengthen preventive frameworks, such as those governing lobbying and conflicts of interest and asset declaration rules, as well as to ensure the effective investigation and prosecution of corruption cases. This is reflected in this year's recommendations.

In the enlargement countries, legal and institutional arrangements were strengthened, though investigation and prosecution of corruption cases need to be further strengthened.

  1. Media freedom and pluralism

Since the last Rule of Law Report, several Member States made concrete steps to improve journalists' safety and working environment, also in the light of Commission initiatives such as the European Media Freedom Act (EMFA), already in force and fully applicable as of August 2025, the 'Anti-SLAPP' directive and recommendation and the Recommendation on safety of journalists.

Moreover, the tasks and competences of several national media regulators have been expanded and extended, also due to the entry into force of the EU Digital Services Act, as well as new establishment or extension of online ownership registries.

However, concerns persist in several Member States as regards the independent governance or financial stability of public service media broadcasters, transparency of media ownership, the right of access to public documents and the transparent and fair allocation of state advertising. The Commission has, once more, issued several recommendations on all these areas, including also the safety of journalists.

Challenges exist in enlargement countries, notably as regards transparency of media ownership, the independence of regulators or public services media and the safety of journalists, though reforms have also been carried out in some of them to address some of these issues.

  1. Institutional checks and balances

Member States have continued to improve the quality of their legislative processes and to involve stakeholders in these processes – a trend also noted in the previous Rule of Law Reports. Some Member States bolstered status and resources of National Human Rights institutions, ombudspersons, and other independent authorities. Initiatives to reinforce the framework for and funding of civil society have also continued in several Member States.

However, challenges remain in several Member States, such as the excessive use of accelerated procedures or the overall quality of law-making, as well as in consultation of stakeholders. Civil society and human rights defenders have increasingly faced challenges, legal restrictions, and attacks, including systemic restrictions to their operations in certain Member States. This is a worrying trend noted already in the previous report.

To address the issues identified, the Commission has issued recommendations related to the functioning of the legislative process, the establishment and functioning of independent authorities and the enabling environment for civil society.

In the enlargement countries, challenges remain regarding the systematic follow-up to recommendations of Ombudsperson institutions and other independent bodies. Challenges are also observed in relation to the quality of law-making and stakeholder consultations.

Next steps

The Commission now invites the European Parliament and the Council to continue general and country-specific debates on the basis of this report, also using the recommendations to further examine how concrete progress can be made. The Commission also calls on national Parliaments, civil society, and other key stakeholders and actors, to continue national dialogue on the rule of law, as well as at European level, with increased citizen's engagement. Finally, the Commission invites Member States to effectively take up the opportunities and challenges identified in the report, as it stands ready to assist them in their efforts to continue the implementation of recommendations.

As President von der Leyen announced in her Political Guidelines 2024 – 2029, the Commission will continue to improve its monitoring and reporting, and to strengthen checks and balances, notably by tracking the implementation of recommendations. To ensure the report looks at all issues across Europe, a Single Market dimension will be added to the report. This will address rule of law issues affecting companies, especially Small and medium-sized enterprises (SMEs), operating across borders.

For enlargement countries, the Commission will continue to follow up on the issues identified, including in its next annual reports on enlargement. Further enlargement countries will be included in the Rule of Law Report as and when they are ready.

Background

The rule of law is crucial for every citizen and business in the EU as it is a precondition for the respect of other values. It guarantees that fundamental rights are upheld in line with a set of core democratic values, ensures the application of EU law, and supports an investment-friendly business environment. It is an integral part of the very identity of the European Union.

The annual Rule of Law Report is the result of close dialogue with national authorities and stakeholders and covers all Member States and four enlargement countries on the basis of the same objective and transparent methodology, while examining the same set of issues in each country. The qualitative assessment carried out by the Commission focuses on significant developments since the adoption of the fourth annual Rule of Law Report in July 2023, while remaining proportionate to developments.

The report is at the centre of the annual Rule of Law Cycle. This yearly cycle is preventive - it serves to promote the rule of law and aims to keep problems from emerging or deepening. It is separate from the other elements in the EU's Rule of Law Toolbox and complements but does not replace the Treaty-based mechanisms allowing the EU to respond to more serious rule of law related issues in Member States. These tools include infringement proceedings and the procedure to protect the founding values of the Union under Article 7 of the Treaty on European Union.

The fifth edition of the report gives specific recommendations for all Member States, a practice that was introduced in 2022. The analysis also contains a qualitative assessment of the progress made by the Member States towards implementing the 2023 recommendations, taking into account the overall context in the Member States. Depending on the progress made on the various subparts of each recommendation, the Commission concluded its assessment in each case using the following categories to track developments: no progress, some progress, significant progress and full implementation.

This year's recommendations have been prepared based on the assessment in the country chapters and the dialogue with Member States as well as in full respect of the principle of equal treatment. In issuing the recommendations, the Commission has paid close attention to keeping them focused and anchored in European standards and has taken into account national legal systems. In addition, consistency and synergies with other processes, such as the European Semester, the budget conditionality mechanism and the Recovery and Resilience Facility, are ensured. Future editions of the Rule of Law Report will continue to look at the follow-up given to this year's recommendations. The recommendations should be read together with the assessments in the country chapters that examine specific concerns and are meant to guide Member States to take measures to address them.

Since 2020, several new EU initiatives have raised common standards in areas with direct relevance for the rule of law, drawing on the results of the monitoring in the context of this report. This includes the European Media Freedom Act and the Anti-Corruption Package, including proposals for new legislation to combat corruption in the EU and to strengthen the EU sanctioning regime for corruption in the EU's external dimension.

Following the announcement in the 2023 State of the Union Address, the inclusion of certain enlargement countries in the 2024 Rule of Law Report, alongside Member States, will support these countries' reform efforts to achieve irreversible progress on democracy and the rule of law ahead of accession, and to guarantee lasting high standards after accession. Albania, Montenegro, North Macedonia and Serbia now participate in the Rule of Law Report exercise, reflecting the progress made in their respective accession process, focusing on the advancement of the rule of law. This approach will be extended to other enlargement countries in the future, depending on their progress.

For More Information

2024 Rule of Law Report

2024 Rule of Law Report – the rule of law situation in the European Union

2024 Rule of Law Report – Recommendations

2024 Rule of Law Report – Country Chapters

2024 Rule of Law Report - Country Chapter Abstracts and Recommendations

2024 Rule of Law Report – Methodology

The Annual Rule of Law Cycle – Factsheet

The EU's Rule of Law Toolbox – Factsheet

2024 Rule of Law Report – Questions & Answers

Special Eurobarometer 553 on Rule of Law

Eurobarometer 584 on citizens' attitudes towards corruption in the EU

Eurobarometer 542 on businesses' attitudes towards corruption in the EU

Details

Publication date
24 July 2024
Author
Representation in Malta