Rule of law is laid down in the EU treaties as one of the values on which the Union is based. It means that governments should be bound by law&nbsp;not to take arbitrary decisions, and that citizens should be able to challenge their actions in independent courts.

It also enshrines the fight against corruption, which unfairly favours some to the detriment of others, and the safeguarding of media freedom, thus ensuring that the public is properly informed about the work of government.

The EU has existing tools at its disposal to protect the rule of law. In&nbsp;September 2020, the European Commission published the first annual rule of law&nbsp;report monitoring both positive and negative developments with regard to the rule of law in all member states. In July 2021 the second edition of the report was published.

There is also&nbsp;dialogue on the rule of law in the Council.

If the Commission deems that a member state is violating EU law, it can start infringement proceedings that may lead to financial sanctions determined by the European Court of Justice. Another procedure, under Article 7 of the Treaty of the European Union, allows the Council to make recommendations or decide by unanimity on sanctions against a member state, including the suspension of membership rights.&nbsp;MEPs have argued that existing tools are insufficient.

​Under the new regulation, effective from January 2021, EU budget payments can be witheld from countries where established breaches of the rule of law compromise management of EU funds. At the same time, the EU ensures that final beneficiaries do not end up paying the bill.

Rule of law

In September 2018, the Article 7(1) TEU procedure was triggered. In this case, the European Parliament voted a resolution calling the Council to determine the existence of a clear risk of a serious breach of EU values in relation to Hungary. This resolution was preceded by numerous others adopted by the Parliament between March 2011 and May 2017, and it made reference to concerns related mainly to judicial independence, freedom of expression, corruption, rights of minorities, and the situation of migrants and refugees in Hungary.

Under Article 2 TEU, the EU is founded on the shared values of democracy, the rule of law and respect for fundamental rights (DRF). Article 7 TEU establishes two mechanisms (preventive and sanctions) to enforce EU values in cases of systemic violations and to sanction Member States departing from them.

See also the previous <a href="https://multimedia.europarl.europa.eu/en/rule-of-law-in-hungary-8th-parliamentary-term_5702_pk">package</a> on the rule of law in Hungary.

Rule of law in Hungary (2019-2020)

Since the Law and Justice party (PiS) won both the presidential and parliamentary elections in Poland in autumn 2015, the new government has undertaken a series of reforms that critics say restrict democracy.

Freedom and pluralism: President Schulz of Parliament, and Commission vice-president Timmermans have voiced concern for the freedom and pluralism of Poland’s public-service television and radio and for the status of the Constitutional Court. On 13 January the Commission decided to start the first stage of the "Framework for addressing systemic threats to the Rule of Law" in Poland.

Women’s rights in Poland: the current sexual and reproductive health law in Poland is among the most restrictive in the EU but it does reflect a political consensus reached by all the parties years ago. This consensus has recently been put at risk by the pro-life movements calling for a total ban on abortion. Their “Pro- Right to Life” proposal (“citizen initiative”) and the restrictive act on IVF have been passed on for further work in the Polish parliament while a “Save the Women” proposal (a rival bid to liberalise access to legal abortion and introduce a large package of sexual and reproductive health services”) has been rejected despite earlier assurances that citizens’ initiatives will not be rejected without consideration in committees.

Rule of law in Poland - 8th parliamentary term

Under Article 2 TEU, the EU is founded on the shared values of democracy, the rule of law and respect for fundamental rights.

Article 7 TEU establishes two mechanisms (preventive and sanctioning mechanisms) to enforce European Union values in cases of systemic violations and to sanction Member States departing from them. The sanctions mechanism empowers the Council to suspend certain membership rights of a Member State, including voting rights in the Council in cases of a 'serious and persistent breach' of EU values (Article 7(2) TFEU)’. However, these mechanisms require a high decision-making threshold in the Council and in the European Parliament (when Parliament is called to participate) and rely heavily on Member States’ willingness to take action.

Rule of law - 8th parliamentary term

The European Parliament already discussed the rule of law in Romania in February 2018, following massive street protests after the Romanian Parliament approved an overhaul of how the judicial system is organised and changes to rules about conflicts of interest. The criminal code and the criminal procedure code have also been modified, but these changes are currently being reviewed by the Constitutional Court.

Rule of law in Romania

On the 16th October 2017, the Maltese investigative journalist Daphne Caruana Galizia was killed in a car bomb explosion. Ms Caruana Galizia gave to the Committee of Inquiry into Money Laundering, Tax Avoidance and Tax Evasion (PANA) evidence about her work on the Panama Papers at a meeting in February 2017 in Malta.

Every day journalists risk their lives to help keep us informed. Freedom of Press is considered to be an essential element of democracy by the European Parliament, which strongly supports it within the EU and beyond. Article 11 of the EU's Charter of Fundamental Rights clearly states that “freedom and pluralism of the media shall be respected”.

Press freedom in Malta (2019-2020)

Rule of law is laid down in the EU treaties as one of the values on which the Union is based. It means that governments should be bound by law, that they should not take arbitrary decisions and that citizens should be able to challenge their actions in independent courts.

In view of possible democratic backsliding in Poland and in particular due to the threat to judicial independence, the European Commission initiated in December 2017 an Article 7 procedure to address a possible risk of breach of EU common values.

The Parliament has ever since repeatedly asked the Council to act and in September 2020 warned about the continuous deterioration of the situation in the country, pointing to “overwhelming evidence” of those breaches. Following the October 2021 ruling by the Polish Constitutional, the Polish government’s challenge of the established primacy of EU law was added to Parliament’s long list of concerns.

These include the powers to revise the constitution taken on by the Polish parliament since 2015, expedited legislative procedures and electoral law changes; the broad changes to the country’s judiciary, including appointments and disciplinary procedures; the situation of freedom of expression, media freedom and pluralism; and the criminalisation of sexual education and the de facto ban on abortion.

Rule of law in Poland

From the 1st of July 2021, Slovenia is holding the rotating Presidency of the Council of the European Union. However, the country&nbsp;has also been the subject of discussions about the “rule of law” within the EU, a concept referring to respect for due process, plurality in politics and media and the upholding of civic freedoms such as free speech.

In its last 2021 Rule of Law report the EC mentioned that the situation of media in the country has been deteriorating.&nbsp;Online harassment of and threats against journalists are a growing source of concern, and several lawsuits against journalists with intimidating effects have been reported as well as&nbsp;instances of political interference in media.

Attacks on media&nbsp;have been criticized by international, European and national journalists and editors associations. The European Commission intervened various times to express its concerns.

A delegation of the Civil Liberties Committee travelled&nbsp;to&nbsp;Slovenia between 13 and 15 October to&nbsp;take stock of the latest developments in the country as regards the situation of the rule of law, media freedom and the fight against corruption including the question of Slovenian delegated prosecutors to the European Public Prosecutors Office.

Their agenda included&nbsp;exchanges with: NGOs; the Human Rights Ombudsman; academics; journalists and press freedom organisations;the Supreme State Prosecutor and former president of the Association of Public Prosecutors of Slovenia; the Data Protection Commissioner; officials of the Ministry of Justice and Ministry of Culture; representatives from the Commission for the Prevention of Corruption; members of the National Assembly; the President of the National Council; and the Presidents of the Constitutional Court and the Court of Auditors.

At the end of the mission, Sophie in ‘t Veld, the Chair of the Civil Liberties Committee delegation, said: "“We observed that the public institutions overall work well. At the same time, the delegation experienced a climate of hostility, distrust and deep polarisation in the country, which erodes trust in and between various public bodies."

Rule of law in Slovenia

Under Article 2 TEU, the EU is founded on the shared values of democracy, the rule of law and respect for fundamental rights.

Article 7 TEU establishes two mechanisms (preventive and sanctioning mechanisms) to enforce European Union values in cases of systemic violations and to sanction Member States departing from them. The sanctions mechanism empowers the Council to suspend certain membership rights of a Member State, including voting rights in the Council in cases of a 'serious and persistent breach' of EU values (Article 7(2)TFEU)’. However, these mechanisms require a high decision-making threshold in the Council and in the European Parliament (when Parliament is called to participate) and rely heavily on Member States’ willingness to take action.

See more on this topic by visiting our <a href="https://multimedia.europarl.europa.eu/en/rule-of-law-8th-parliamentary-term_10601_pk">package</a> for the 8th parliamentary term.

Rule of law (2020)

Since the Law and Justice party (PiS) won both the presidential and parliamentary elections in Poland in autumn 2015, the government has undertaken a series of reforms that critics say restrict democracy.

Under the rule of law, governmental powers are limited by law and may be exercised only on the basis of law. An independent judiciary is indispensable to guaranteeing this state of affairs, and appropriate procedures, including legal remedies, must be in place to guarantee that individuals can protect their rights and trigger judicial review of governmental action.

Should an EU Member State be suspected of breaching the rule of law, a number of procedures are available to verify this and, if needed, remedy the situation.

Rule of law in Poland (2019-2020)

Disinformation campaigns are a threat to the proper functioning of democracies. The Parliament is committed to ensuring people are able to access reliable information.

Elements of disinformation and propaganda are that such information (i) is designed to be wholly or partly false, manipulated or misleading, or uses unethical persuasion techniques; (ii) regards an issue of public interest; (iii) has the intention to generate insecurity, hostility or polarisation, or attempts to disrupt democratic processes; (iv) and is disseminated and/or amplified through automated and aggressive techniques, such as social bots, artificial intelligence (AI), micro-targeting or paid human 'trolls’, often used to boost public visibility.

Fight against disinformation (2019-2020)

Every day journalists risk their lives to help keep us informed.

Freedom of Press is considered to be an essential element of democracy by the European Parliament, which strongly supports it within the EU and beyond. Article 11 of the EU's Charter of Fundamental Rights clearly states that “freedom and pluralism of the media shall be respected”.

Press freedom in the EU (2019- 2020)

Parliament quizes the Council and the Commission about how they intend to address the controversial reform proposals made by Robert Fico’s government. 

MEPs are expected to reiterate concerns about the Slovak government’s plans for criminal code reform and changes in the functioning of the country’s public-service media. MEPs say the ongoing reform, which led to the dissolution of Slovakia’s Special Prosecutor’s Office on 20 March and reduces penalties and limitation periods for financial crimes, threatens Slovakia’s ability to fight corruption and protect the EU budget. They are also likely to stress that the plans for the public broadcaster will have to be assessed in light of the EU’s recently-adopted Media Freedom Act. The proposed Act on Slovak Television and Radio is facing widespread criticism for giving the government direct control over public media, and curtailing their independence.

Plenary debate - Rule of Law in Slovakia

MEPs quiz Council and Commission representatives on the premature release of frozen EU funds, the lack of progress in the Article 7 procedure, and other threats to EU values.

MEPs discuss the President’s decision (based on a recommendation of the Committee on legal Affairs) to ask the Court of Justice of the EU to clarify the Commission’s role in and margins of discretion around the unfreezing of EU cohesion funds for Hungary. They will also look into the continuing threat to EU values, institutions, and funds posed by the Hungarian government, including the lack of progress on the Article 7(1) procedure initiated by Parliament in 2018. Last January, MEPs asked the European Council to determine whether Hungary has committed “serious and persistent breaches of EU values” under the more direct Article 7(2) procedure.

MEPs are likely to raise the upcoming Hungarian Presidency of the Council of EU (in the second half of 2024), Hungary’s repeated abuse of the right of veto and blackmail in the European Council, and the Commission’s launch of an infringement procedure concerning the country’s “sovereignty law”.

Plenary debate - Hungary: threats to rule of law.

The impact of the announced reform of the criminal code on Slovakia’s efforts to fight corruption is debated with Commission and Council. On 6 December, the new Slovak government tabled a draft law to overhaul the country’s penal code. If approved by its parliament, the special prosecutor’s office dealing with the most serious crimes and corruption would be dismantled. The government also intends to soften penalties for corruption offences. Several investigators and police officers looking into corruption charges have already faced repercussions from the new government, such as being dismissed, suspended or sidelined from these investigations. Prime Minister Robert Fico wants the draft law to be adopted under the urgency procedure. Slovak President Zuzana Čaputová has already said she would veto the law. Critics have warned that dismantling the special prosecutor’s office could have an impact on the ongoing investigation into the murder of journalist Ján Kuciak and his fiancée Martina Kušnírová in 2018.

Debate - Planned dissolution of key anti-corruption structures in Slovakia and its implications on the Rule of Law

EP Plenary session - Commission’s 2021 Rule of Law report

EP Plenary session - Key debate - Ongoing hearings under Article 7(1) TEU regarding Poland and Hungary

EP Plenary session - Ongoing hearings under Article 7(1) TEU regarding Poland and Hungary

Press conference - The Hungarian elections and implications for the rule of law

European Council - Arrival of Roberta METSOLA, EP President

Press conference by Roberta METSOLA, EP President, following her participation to the European Council

Ukrainian Flag is raised inside the EP building in Brussels

Special European Council on the situation in Ukraine

EP building in Brussels, illuminated in Blue and Yellow in support to Ukraine

AFET - SEDE extraordinary joint meeting - Exchange of views with EU VP/HR Josep BORELL and Members of the Verkhovna Rada of Ukraine on the Russian military agression

Illustration of the European flag and Ukrainian flag

Extraordinary meeting of the EP Conference of President on Russia’s aggression against Ukraine

EP LIBE and AFCO delegations to Poland, Warsaw

EP LIBE and AFCO delegations to Poland, Warsaw - Visit at the European Parliament's liaison office.

EP Plenary session - The Rule of Law and the consequences of the ECJ ruling

EP Plenary Session - Plans to undermine further fundamental rights in Poland, in particular regarding the standards of the European Convention of Human Rights and Sexual and Reproductive Health and Rights

'Lost in Europe' project wins the 2024 Daphne Caruana Galizia Prize for Journalism for its investigation into the disappearance of over 50.000 unaccompanied child migrants. Every year, the Prize endorsed by the European Parliament rewards, (on the anniversary of the assassination of Daphne Caruana Galizia) outstanding journalism that promotes or defends the core principles and values of the European Union such as human dignity, freedom, democracy, equality, rule of law, and human rights. The investigation, run by media from Germany, Italy, Greece, the Netherlands, Belgium, Ireland and the UK revealed that at least 51.433 unaccompanied child migrants disappeared after arriving in European countries between 2021 and 2023. This news item shows extracts from the 2024 Daphne Caruana Galizia Prize ceremony and the statement by Geesje VAN HAREN, representative of the winning project 'Lost in Europe'.

Daphne Caruana Galizia Prize for Journalism 2024: extracts from the ceremony and statement by the laureate

Seven years after the assassination of Maltese journalist Daphne Caruana Galizia, the European Parliament discusses the state of the rule of law in Malta. Closing statement by Didier REYNDERS, European Commissioner for Justice. MEPs assess the country's recent developments in upholding European values, focusing on media freedom and anti-corruption efforts. Daphne Caruana Galizia, who exposed corruption, money laundering, and organized crime in Malta, was murdered in a car bomb attack in 2017. Her assassination sparked widespread outrage, leading to political upheaval and the resignation of Prime Minister Joseph Muscat. In the same session on Wednesday, the winner of the Daphne Caruana Galizia Prize for Journalism will be announced, honoring her legacy in the fight for transparency and justice. The debate underscores the EU's broader commitment to promoting democracy and the rule of law, not only within its borders but also in candidate countries as part of the 2024 Rule of Law Report.

Seven years from the assassination of Daphne Caruana Galizia: lack of progress in restoring the rule of law in Malta: Closing statement by Didier REYNDERS, European Commissioner for Justice

Seven years after the assassination of Maltese journalist Daphne Caruana Galizia, the European Parliament discusses the state of the rule of law in Malta. MEPs assess the country's recent developments in upholding European values, focusing on media freedom and anti-corruption efforts. Daphne Caruana Galizia, who exposed corruption, money laundering, and organized crime in Malta, was murdered in a car bomb attack in 2017. Her assassination sparked widespread outrage, leading to political upheaval and the resignation of Prime Minister Joseph Muscat. In the same session on Wednesday, the winner of the Daphne Caruana Galizia Prize for Journalism will be announced, honoring her legacy in the fight for transparency and justice. The debate underscores the EU's broader commitment to promoting democracy and the rule of law, not only within its borders but also in candidate countries as part of the 2024 Rule of Law Report.

Seven years from the assassination of Daphne Caruana Galizia: lack of progress in restoring the rule of law in Malta: MEPs debate

Seven years after the assassination of Maltese journalist Daphne Caruana Galizia, the European Parliament discusses the state of the rule of law in Malta. Opening statement by Didier REYNDERS, European Commissioner for Justice. This transcription is a result of an automatic process. Please check against delivery. MEPs assess the country's recent developments in upholding European values, focusing on media freedom and anti-corruption efforts. Daphne Caruana Galizia, who exposed corruption, money laundering, and organized crime in Malta, was murdered in a car bomb attack in 2017. Her assassination sparked widespread outrage, leading to political upheaval and the resignation of Prime Minister Joseph Muscat. In the same session on Wednesday, the winner of the Daphne Caruana Galizia Prize for Journalism will be announced, honoring her legacy in the fight for transparency and justice.

Seven years from the assassination of Daphne Caruana Galizia: lack of progress in restoring the rule of law in Malta: opening statement by Didier REYNDERS, European Commissioner for Justice

Tineke STRIK (Greens/EFA, NL), rapporteur, Michał WAWRYKIEWICZ (EPP, PL), Thijs REUTEN (S&D, NL), Fabienne KELLER (Renew, FR) and Konstantinos ARVANITIS (The Left, EL), hold a press conference on the situation in Hungary and the rule of law. This transcription is a result of an automatic process. Please check against delivery.

Press conference by Tineke STRIK (Greens/EFA, NL), rapporteur, Michał WAWRYKIEWICZ (EPP, PL), Thijs REUTEN (S&D, NL), Fabienne KELLER (Renew, FR) and Konstantinos ARVANITIS (The Left, EL), on the situation in Hungary and the rule of law

4th topic of the Eurovision Debate 2024 between the lead candidates for the Commission presidency: Nicolas SCHMIT, Party European Socialists, Sandro GOZI, Renew Europe Now, Terry REINTKE, European Greens, Ursula von der LEYEN, European People's Party and Walter BAIER, European Left. Leaders debate on the state of democracy and rule of law within European Union on and international level. This transcription is a result of an automatic process. Please check against delivery.

Eurovision Debate 2024 (Clean feed) - Topic 4: Democracy and Leadership

Following European elections in May 2019, the Parliament held its constituent session on 2 July 2019. Parliament, Council, and the Commission identified common priorities and committed to deliver on before the 2024 European Elections. With the series of videos "European Parliament’s priorities and achievements (2019-2024)", have a look back at the different legislative and political achievements reached by the EP. Parliament defends a European Union built on the rule of law, fundamental rights, media freedom, non-discrimination, and gender equality. MEPs have also welcomed the Commission’s yearly rule of law reports, as well as the methodological improvements made by the Commission based on Parliament’s recommendations.

European Parliament’s priorities and achievements (2019-2024): Rule of law, democracy and equal rights

Following European elections in May 2019, the Parliament held its constituent session on 2 July 2019. Parliament, Council, and the Commission identified common priorities and committed to deliver on before the 2024 European Elections. With the series of videos "How does the European Parliament work? (2019-2024)", learn what are the different roles of the EP. The European Parliament has a range of supervisory and control powers. These allow it to exercise oversight over other institutions, to monitor the Rule of Law in Member states and to ensure the correct implementation of EU law.

How does the European Parliament work? (2019-2024) - Powers of the European Parliament: democratic control and influence

Parliament quizzes the Council and the Commission about how they intend to address the controversial reform proposals made by Robert Fico’s government. MEPs are expected to reiterate concerns about the Slovak government’s plans for criminal code reform and changes in the functioning of the country’s public-service media. MEPs say the ongoing reform, which led to the dissolution of Slovakia’s Special Prosecutor’s Office on 20 March and reduces penalties and limitation periods for financial crimes, threatens Slovakia’s ability to fight corruption and protect the EU budget.

Attempts to dismantle Rule of Law and media freedom in Slovakia: extracts from the debate

MEPs look into alleged attacks on the rule of law and media freedom in Slovakia. Opening statements by Mathieu MICHEL, Belgian Secretary of State for Digitalisation, and Didier REYNDERS, European Commissioner for Justice. This transcription is a result of an automatic process. Please check against delivery.

Attempts to dismantle Rule of Law and media freedom in Slovakia: Opening statements by Mathieu MICHEL, Belgian Secretary of State for Digitalisation, and Didier REYNDERS, European Commissioner for Justice

MEPs look into alleged attacks on the rule of law and media freedom in Slovakia. Closing statements by Didier REYNDERS, European Commissioner for Justice, and Mathieu MICHEL, Belgian Secretary of State for Digitalisation.

Attempts to dismantle Rule of Law and media freedom in Slovakia: Closing statements by Didier REYNDERS, European Commissioner for Justice, and Mathieu MICHEL, Belgian Secretary of State for Digitalisation

MEPs look into alleged attacks on the rule of law and media freedom in Slovakia.

Attempts to dismantle Rule of Law and media freedom in Slovakia: MEPs debate

MEPs quiz the Council and the Commission on the ongoing Article 7 hearings regarding the state of democracy in Hungary, with a focus on the implications for the EU budget. Closing statements by Didier Reynders, Commissioner for Justice, and Mathieu Michel, Belgian Secretary of State for Digitalisation, in charge of Administrative Simplification, Privacy and the Belgian Buildings Agency.

Ongoing hearings under Article 7(1) TEU regarding Hungary to strengthen Rule of Law and its budgetary implications: Closing statements by Didier REYNDERS, European Commissioner for Justice, and Mathieu MICHEL, Belgian Secretary of State

MEPs quiz the Council and the Commission on the ongoing Article 7 hearings regarding the state of democracy in Hungary, with a focus on the implications for the EU budget. MEPs debate.

Ongoing hearings under Article 7(1) TEU regarding Hungary to strengthen Rule of Law and its budgetary implications: MEPs debate

MEPs quiz the Council and the Commission on the ongoing Article 7 hearings regarding the state of democracy in Hungary, with a focus on the implications for the EU budget. Opening statements by Mathieu MICHEL, Belgian Secretary of State for Digitalisation, in charge of Administrative Simplification, Privacy and the Belgian Buildings Agency and Didier Reynders, European Commissioner for Justice. This transcription is a result of an automatic process. Please check against delivery.

Ongoing hearings under Article 7(1) TEU regarding Hungary to strengthen Rule of Law and its budgetary implications: Opening statements by Mathieu MICHEL, Belgian Secretary of State, and Didier REYNDERS, European Commissioner for Justice

MEPs debate the consequences of the undemocratic presidential elections in Russia on 18 March, including their illegitimate extension to the occupied Ukrainian territories. Closing statements by Josep BORRELL FONTELLES, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission in charge of a stronger Europe in the World. This transcription is a result of an automatic process. Please check against delivery.

Russia's undemocratic presidential elections and their illegitimate extension to the occupied territories: Closing statements

MEPs debate the consequences of the undemocratic presidential elections in Russia on 18 March, including their illegitimate extension to the occupied Ukrainian territories. MEPs debate

Russia's undemocratic presidential elections and their illegitimate extension to the occupied territories: MEPs debate

MEPs debate the consequences of the undemocratic presidential elections in Russia on 18 March, including their illegitimate extension to the occupied Ukrainian territories. Opening statements by Josep BORRELL FONTELLES, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission in charge of a stronger Europe in the World. This transcription is a result of an automatic process. Please check against delivery.

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