A recent report reveals a significant deterioration in the rule of law throughout the European Union, marking a troubling trend that has persisted for years. Key democracy indicators related to the justice system, anti-corruption efforts, and media freedom face systemic and ongoing challenges.
The findings, compiled in a comprehensive 1,000-page document by the Civil Liberties Union for Europe, were released on Monday. This sixth annual report represents a collaborative effort from 43 human rights organizations across 21 EU nations, emphasizing a widespread decline in the rule of law.
Systemic challenges to democratic principles
Among the report’s most concerning revelations is the ongoing prevalence of rule of law violations across the EU. While conditions differ among member states, a unifying theme emerges, indicating that vital elements of the rule of law—including justice systems, anti-corruption measures, media independence, and the protection of civic space—are facing increasingly severe challenges.
“We see a large number of countries where the rule of law continues to decline, most notably in Italy, Slovakia, Romania and Hungary,”
stated Viktor Z Kazai, a senior expert with the Civil Liberties Union for Europe and one of the report’s authors. He further noted that the EU’s inadequate response to these violations allows leaders to erode the rule of law further.
Classification of EU member states
The report categorizes EU countries into distinct groups based on their status regarding the rule of law. The “stagnators” group includes Greece, Ireland, Malta, the Netherlands, and Spain—countries that have shown little or no progress. In contrast, “sliders” like Belgium, France, Germany, and Sweden have demonstrated isolated but concerning declines in specific areas.
Countries flagged as “dismantlers”—Italy, Bulgaria, Croatia, Romania, and Slovakia—are identified as systematically undermining the rule of law across most domains. Hungary stands out as the weakest link and a repeat offender in this regard.
Conversely, nations like Estonia and the Czech Republic are noted as “hard workers,” showcasing meaningful efforts to enhance their legal frameworks, with civil society playing a crucial role in fostering these improvements. Poland is identified as a “cautionary tale,” where attempts to restore judicial independence and media plurality have struggled to make significant headway.
The report stresses the importance of the European Commission linking its annual rule of law evaluations to enforcement measures, such as Article 7 infringement proceedings against member states that violate EU principles.
Key insights highlight that the justice system continues to be subject to political manipulation, suffering from inadequate resources and access to legal aid, which undermines its independence and effectiveness. Corruption remains a persistent issue, characterized by a lack of transparency and weak enforcement, further eroding public trust.
Media freedom also faces substantial threats, as political interference compromises the independence of regulatory bodies, while concentrated media ownership stifles diversity, resulting in increasing harassment and legal challenges for journalists.
Additionally, checks and balances within governments are undermined by expedited legislative processes, political meddling in independent authorities, and the compromised integrity of electoral systems, all of which weaken democratic oversight.
The report also outlines a shrinking civic space where widespread smear campaigns inspire governments to enact restrictive laws, particularly concerning the rights to peaceful protest and assembly. Human rights are increasingly jeopardized by stringent migration policies and rising discrimination, negatively impacting vulnerable groups and minorities.
These internal issues arise against a backdrop of global shifts, where the rise of far-right populism and democratic backsliding in nations like the U.S. further complicate the EU’s political landscape. The growing influence of far-right politics poses a threat to EU cohesion, while ongoing geopolitical tensions, including Russia’s aggression in Ukraine, challenge the bloc’s stability.
As migration policies harden, states are tightening borders and curbing asylum rights, often contravening international law. The EU’s enforcement mechanisms remain insufficient, allowing illiberal trends to persist without a strong deterrent against the erosion of rule of law and fundamental rights.
The report underscores that decisive action is essential to prevent further democratic decay, internal fragmentation, and diminished global standing for the EU. “As far-right populism rises and democracy backslides in the US, Europe’s rule of law crisis deepens,” it warns, advocating for the European Commission to strengthen rule of law enforcement by tying it to Article 7, budgetary conditions, and infringement proceedings.