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

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

'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 "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

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.

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

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