MEPs warn that European values are being eroded across the EU

Problems prevalent across member states, with worrying developments in several countries

Erosion of EU values undermines the EU as a whole, even if some member states demonstrate exemplary behaviour

Commission needs to address systemic issues in its annual rule of law report

A draft report on the state of the rule of law in 2023 endorsed by the Committee on Civil Liberties on Tuesday paints a concerning picture of the state of European values.

Reacting to the latest Commission’s annual rule of law report, MEPs are deeply concerned that democracy, the rule of law, and fundamental rights across the EU are eroding, in a draft report adopted with 42 votes in favour, ten against, two abstentions. They also criticise specific countries where major problems are identified.

Institutions under threat

Key issues mentioned in the text include:

justice and prosecutorial systems, including reforms in Slovakia, and the amnesty law in Spain;

corruption and the major obstacles whistleblowers face;

the situation in Malta regarding the “golden passport” scheme and a culture of impunity identified by the public inquiry into the assassination of Daphne Caruana Galizia;

the state of independent authorities, including recent developments in Greece on the use of spyware;

media pluralism and freedom, including the planned restructuring of the Radio and Television of Slovakia; and

the protection of journalists from threats, SLAPPs, and spyware, most notably in Malta, Slovakia, and Greece, as well as issues in France following the recent detention of a reporter and the illegal wiretapping of a Dutch journalist.

MEPs also want all member states to regulate lobbying, and ask for the discriminatory practices and the concentration of business in the hands of oligarchs in Hungary to be addressed.

Dangers for persons and civil society

MEPs highlight the Slovakian government’s plans to restrict the work of NGOs and stigmatise organisations receiving foreign funding. They take stock of excessive use of force by police, e.g. the unregulated use of “less lethal weapons”, mass detentions in France, and the disproportionate use of force against demonstrators as well as the killings of three young Roma in Greece.

In the adopted text, MEPs deplore the lack of adequate rules in some countries for the recognition of same-sex partnerships and legal gender, the lack of progress on the banning of ‘conversion practices’, female and intersex genital mutilation and forced sterilisation, as well as inaction on EU rules to tackle violence against women and girls.

The draft report also deplores the deaths of refugees and migrants at sea, often victims of human trafficking, and MEPs remind member states of their obligations under international law to help people in distress.

Need for a more robust approach

MEPs acknowledge that the Commission rule of law report has become a benchmark. Nevertheless, they deplore that essential elements from Parliament’s 2016 legislative initiative report are still missing, express concern that the Commission is too diplomatic and imprecise on occasion, and call once again for the creation of a comprehensive mechanism.

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Rapporteur Sophie in ’t Veld (Renew, Netherlands) commented: “There is a gap between what the European Commission reports on the rule of law in the EU, and what it does about it. The European Parliament calls on the member states and the Commission to respect and enforce democracy, the rule of law and fundamental rights. Time to end the backsliding.”

Next steps

The draft report is set to be voted in plenary in the upcoming February I plenary session, on 5 - 8 February.