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

A delegation of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) visits Bratislava, Slovakia, from 2-3 of June in order to discuss and gain insight into the latest developments as regards the situation of democracy, rule of law and fundamental rights in Slovakia. This is a follow up on two sessions which the Democracy, Rule of Law and Fundamental Rights Monitoring Group (DRFMG) of the LIBE Committee held recently on the situation in Slovakia. The delegation is composed of five political groups in the European Parliament. The LIBE delegation aims to hold meetings with representatives from the Slovak Government, representatives of the Slovak National Assembly, representatives of the judiciary and of other relevant authorities, organisations and stakeholders.

LIBE/DRFMG delegation in Slovakia

A delegation of the Civil Liberties Committee travels to Budapest to look into developments in Hungary around EU values, judicial independence, media and academic freedom, transparency and anti-corruption measures, the situation of civil society, and the rights of LGBTIQ persons, since the committee’s last visit to the country in October 2021. MEPs meet with members of parliament (MPs) and representatives from the government, the judiciary, and local authorities, as well as from civil society across all areas of concern. Press conference on Wednesday at 14.30, local time.

LIBE delegation in Budapest

Parliament, Council, and Commission  discuss Hungary’s restrictions on the right of assembly and the announced ban on the Budapest Pride march.

On Wednesday, the European Parliament assesses the state of fundamental rights in Hungary after the pro-government majority changed the law on public assemblies in March 2025, enabling authorities to classify pro-LGBTIQ+ gatherings as violations of the Child Protection Act and consequently ban the Budapest Pride march. MEPs are set to argue that this limitation of the rights of assembly and expression is a direct violation of the basic human and civil rights enshrined in the Charter of Fundamental Rights of the EU and the core values of the Union.

In 1997, Budapest became the first capital of a former Communist bloc country to host a Pride march, a landmark moment for equality and freedom. However, Hungary’s government has been taking regressive steps for many years, dismantling institutions, the rule of law, and freedom of expression, to the point where Parliament can no longer consider the country a full democracy. In January 2024, MEPs once more urged the Council to unblock the process to assess Hungary’s “serious and persistent breaches of EU values”.

EP Plenary debate on the threats to fundamental rights in Hungary

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 - Recent legislative changes in Hungary and their impact on fundamental rights

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

Closing statements Michael MCGRATH, European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection, and Marilena RAOUNA, Cypriot Deputy Minister for European Affairs, after the plenary debate on the rule of law, fundamental rights and misuse of EU funds in Slovakia - the need for an EU response.

Rule of law, fundamental rights and misuse of EU funds in Slovakia: closing statements by Michael MCGRATH European Commissioner for Democracy Justice Rule of Law and Consumer Protection and Marilena RAOUNA Cypriot Deputy Minister for European Affairs

MEPs debate on the rule of law, fundamental rights and misuse of EU funds in Slovakia - the need for an EU response.

Rule of law, fundamental rights and misuse of EU funds in Slovakia - the need for an EU response: MEPs debate

Opening statements by Marilena RAOUNA, Cypriot Deputy Minister for European Affairs, and Michael MCGRATH, European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection ahead of the plenary debate on the rule of law, fundamental rights and misuse of EU funds in Slovakia - the need for an EU response. This transcription is a result of an automatic process. Please check against delivery.

Rule of law, fundamental rights and misuse of EU funds in Slovakia: opening statements Opening statements by Marilena RAOUNA Cypriot Deputy Minister for European Affairs and Michael MCGRATH European Commissioner for Democracy Justice, Rule of Law

Jean-Marc GERMAIN (S&D, FR) and Monika HOHLMEIER (EPP, DE), rapporteurs, hold a press conference on the implementation of the rule of law conditionality regime – lessons learned and the outlook. This transcription if the result of an automatic process. Please check against delivery

Press conference by Jean-Marc GERMAIN (S&D, FR) and Monika HOHLMEIER (EPP, DE), rapporteurs on the implementation of the rule of law conditionality regime – lessons learned and the outlook

Michael MCGRATH, European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection, closes the debate on the communication on the Democracy Shield. The new rules seek to increase transparency and public trust in policy and decision-making without being unduly burdensome or restricting legitimate civic engagement. The draft directive addresses the increasingly cross-border nature of lobbying and potential foreign influence in European democratic processes. The strategy is supposed to boost the EU’s collective capacity to counter information manipulation and disinformation, and strengthen its resilience by involving the whole society. Closing statements by Michael MCGRATH, European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection.

Communication on the Democracy Shield: closing statements by Michael MCGRATH, European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection

MEPs debate on the communication on the Democracy Shield. The new rules seek to increase transparency and public trust in policy and decision-making without being unduly burdensome or restricting legitimate civic engagement. The draft directive addresses the increasingly cross-border nature of lobbying and potential foreign influence in European democratic processes. The strategy is supposed to boost the EU’s collective capacity to counter information manipulation and disinformation, and strengthen its resilience by involving the whole society. MEPs debate.

Communication on the Democracy Shield: MEPs debate

Michael MCGRATH, European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection, opens the debate on the communication on the Democracy Shield. The new rules seek to increase transparency and public trust in policy and decision-making without being unduly burdensome or restricting legitimate civic engagement. The draft directive addresses the increasingly cross-border nature of lobbying and potential foreign influence in European democratic processes. The strategy is supposed to boost the EU’s collective capacity to counter information manipulation and disinformation, and strengthen its resilience by involving the whole society. This transcription is a result of an automatic process. Please check against delivery.

Communication on the Democracy Shield: Opening statement by Michael MCGRATH, European Commissioner for Democracy, Justice, the Rule of Law, and Consumer Protection

EP President Roberta METSOLA delivers a speech at the EU Parliamentary Democracy Forum. The European Parliament, under the leadership of the Vice-Presidents for relations with national parliaments Esteban Gonzales Pons and Katarina Barley, and with the support of President Metsola, proposes the organisation of an EU Parliamentary Democracy Forum (PDF). The Forum brings together Members of EU National Parliaments and the European Parliament to discuss solutions and share best practices in view of reinforcing our democratic systems. It enhances the standing of the EP and EU National Parliaments as promoters and defenders of representative democracy, strengthens their efforts on modern parliamentarism, and underpins parliaments' essential role in a functioning liberal democracy. This transcription is the result of an automatic process. Please check against delivery.

EU mechanism on democracy, the rule of law and fundamental rights (T)

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