The rule of law report is toothless — and member states know it

The EU Commission is selling its 2024 rule-of-law report as an effective enforcement tool to address rule of law violations by member states. In reality, it is merely a monitoring exercise.

In its 2024 so-called 'horizontal communication' the commission boasts that 68 percent of the 2023 report’s recommendations were followed up by member states.

This statistic suggests a significant improvement, however, upon closer examination the commission’s rosy representation is misleading.

In reaching this optimistic assessment, the commission perceives progress where there is little to none, such as where reforms have been announced or initiated, without giving enough weight to their effectiveness, pace or impact.

Looking at the figures more closely, a new gap analysis finds that only 19 percent of the 2023 recommendations were significantly progressed or fully implemented, much less than is needed to reverse democracy’s downward trend. 

Most member states dragging their feet 

The Commission’s findings portray member states as earnest participants, willing to implement the recommendations and address their shortcomings. 

In reality, most member states have little regard for the rule of law report recommendations. 

Liberties analysis found that only six percent of last year’s recommendations were fully implemented while in the case of 50 percent of recommendations, member states did the bare minimum. 

This dismal performance is a far cry from the commission’s glowing self-assessment and reveals that few member states take the recommendations seriously.

While the usual suspects such as Hungary and Slovakia largely ignored its recommendations and Austria barely made a dent in its proposed reforms, member states with stronger democratic records such as Germany, France, Austria and Spain didn’t fare much better.

When these countries drag their feet instead of leading by example, it encourages notorious rule-breakers to follow suit.

This opens the commission to accusations of favouritism and unequal treatment if only certain countries are reprimanded. 

If we take the commission’s figures at face value, the decision to keep the rule of law report as a standalone exercise might be understandable.

But Liberties’ more realistic assessment illustrates the dire need to bolster the annual rule of law cycle with enforcement measures.

Without the threat of financial penalties or enforceable court decisions, member states have little incentive to take the rule of law report seriously. Liberties’ Gap Analysis calls on the next commissioner to link member states’ track record implementing recommendations with existing rule of law tools, such as the conditionality mechanism and infringement proceedings. 

By overstating member states’ progress and neglecting to use its rule of law toolbox, the commission is cheating EU citizens out of a future where European democracy is healthier and more robust.

This new political term is a chance to do things differently. With extremist parties surging in popularity and democracy more fragile than ever, the price of doing nothing is too high.