2021 Justice report. THE EU report shows positive developments in the Member States, but also highlights serious concerns.
European Commission with notification today, a second eu-wide report on the rule of law has been published, examining the situation across THE EU as a whole and dedicated to each Member State special section. The 2021 report deals with the new developments since September last year, the assessment of the problems identified in the previous report and the impact of the Covid-19 pandemic. Overall, the report reflects many positive developments in the Member States, including those addressing the problems identified in the 2020 report. However, concerns remain, and in some Member States they have increased, for example as regards the independence of the judiciary and the situation in the media. The report also highlights the strong persistence of national systems during the Covid-19 pandemic. This pandemic also showed the importance of the ability to maintain a balance and weight system while preserving the rule of law .20/07/2021
Vice-President of the Commission on values and transparency in Vera Jourova said: “The report on the rule of law is a useful preventive instrument that has facilitated the necessary discussions between Member States and other actors. The second edition shows that Member States can make progress in addressing the rule of law. However, this has been uneven and there are serious concerns in several Member States, particularly as regards the independence of the judiciary. In addition, two journalists have been killed in recent months: this is unacceptable. The report calls for a determined action to improve media freedom and pluralism. We expect that in the course of the next year, the findings of the 2021 report will facilitate discussions between Member States as they will work to strengthen the rule of law."
Commissioner for Justice Didier Reiners said: The 2020 report on the rule of law in a number of Member States has led to positive reforms in the area of justice last year. In addition, the Council of Ministers used it to modernise the dialogue on the rule of law by organising regular debates on specific countries. I have also discussed this report in 20 national parliaments. This year we have deepened our assessment, which gained more scope than last year. The report can help us build a genuine Union dialogue shoulder to shoulder in a fair and open atmosphere. The 2021 report, based on last year's report, will contribute to this process. '
Key findings on the rule of law situation in the Member States
The 2021 report is based on the methodology and scope of the previous report, focusing on four key elements: the judicial system, the anti-corruption framework, media pluralism and media freedom and other institutional issues related to the balance and weight system.
- Judicial systems
Almost all Member States undertake reforms related to their judicial system, although their scope, form and progress vary. In several Member States, measures have been taken or are being taken to strengthen the independence of the judiciary through reforms related to, for example, judicial councils, the appointment of judges and the independence and autonomy of the prosecution. However, some Member States have continued to implement reforms that weaken the structural protection measures of the judiciary, which causes or strengthens existing concerns about the impact of the executive and legislative sector on the functioning of the judiciary. Moreover, in some Member States, the independence of the judiciary is further undermined by political attacks and repeated attempts to endanger judges or judicial authorities. Since the adoption of the 2020 report, THE EU Court has repeatedly confirmed the importance of effective judicial protection in maintaining the rule of law. Finally, the Covid-19 pandemic has created a new awareness of the urgent need to modernise the judiciary and has demonstrated the potential for digitisation.
- Anti-corruption regulations
THE EU Member States remain among the best countries of the world, which are believed to be the least corruption, and ten Member States are among the world's twenty-best countries. Several Member States are currently adopting or reviewing national anti-corruption strategies or action plans. Many have taken measures to strengthen corruption prevention and integrity frameworks, including rules on conflicts of interest, lobbying transparency and vortex effects. However, there are still problems in some Member States, particularly in the context of criminal investigations, prosecutions and the enforcement of sanctions in relation to corruption. Large or very complex corruption cases have been identified once again in several Member States. In some Member States, the resources allocated to combat corruption are not always sufficient, while others still have concerns about the effectiveness of investigations, prosecutions and investigations of high-level corruption cases. Overall, the Covid-19 pandemic has slowed down reforms and decision-making in corruption cases in some Member States.
- Media freedom and pluralism
During the covid-19 pandemic, journalists and media workers in Europe experienced severe stress. Given the highest number of journalists' security warnings and recent tragic events, this issue needs to be addressed throughout THE EU. The instrument for monitoring media pluralism of 2021 – an important source of information for the report on the rule of law – points to a general deterioration of the situation of journalists in several Member States. Not all media regulators are free from political influence and there is a high risk of political interference in the media in some Member States. In addition, news media have played a crucial role in informing citizens at the time of the Prepandemic of Covid-19, although the work of journalists was hampered by a number of restrictions. The pandemic has also caused serious economic problems in the media sector, leading to the approval of media support schemes by some Member States. Such aid must be implemented in a transparent and fair manner.
- Institutional balance and weight system
Since last year, some Member States have continued constitutional reforms to strengthen checks and safeguards. Some Member States have recently introduced measures to increase the transparency of the legislative process and improve the participation of citizens. Overall, national balance and weight systems, including parliaments, courts, ombudsmen and other independent bodies, have played a crucial role during the Covid-19 pandemic. At the same time, problems in legislative or constitutional review systems, such as sudden changes, accelerated procedures, cannot be denied. In most Member States, civil society enjoys a supportive environment, but in some cases it still faces serious problems such as deliberate threats from the institutions, insufficient protection against physical or oral attacks, or insufficient level of protection of fundamental rights, which would guarantee the work of their representative organisations. These problems have been exacerbated in the context of the Covid-19 pandemic. Several recent developments have led to concerns about the respect of the principle of primacy OF EU law, which is essential FOR EU legal order and equality between Member States in the European Union.
Follow-up
The adoption of the 2021 report on the rule of law marks the beginning of a new dialogue and surveillance cycle. The Commission calls on the Council and the European Parliament to carry out discussions on the basis of this report on the basis of this report and calls on national parliaments and other important actors to further strengthen the discussions in the countries. The Commission calls on the Member States to effectively address the problems identified in the report and is prepared to assist Member States in these efforts.
Context
The annual report on the rule of law has been drawn up in close dialogue with national authorities and stakeholders and is dealt with in an objective and fair manner by all Member States, looking at the same issues. The qualitative assessment carried out by the Commission focuses on significant developments since the adoption of the first annual report on the rule of law and provides a coherent approach as the same methodology is applied to all Member States while maintaining proportionality in relation to the development in question. The scope and methodology of the 2021 report are the same as: first annual report on the rule of lawadopted in September 2020.
The report is at the centre of the Justice Mechanism. The mechanism is an annual cycle aimed at promoting the rule of law and preventing the emergence or deterioration of problems. The aim is to focus on raising awareness and awareness of challenges and fundamental developments, as well as identifying the challenges facing the rule of law and helping Member States find solutions, both with the support of the Commission and other Member States. It also allows Member States to exchange best practices, consult each other and learn from another.
The mechanism has a preventive objective. It should be distinguished from other elements OF THE EU rule of law instrument as a whole and complement but do not replace the contractual mechanisms with which the European Union responds to more serious, rule of law problems in the Member States. These instruments include, inter alia, infringement procedures and the procedure for protecting the fundamental values of the Union in accordance with Article 7 of the Treaty on European Union.
There is also a strong link with THE EU's economic recovery: strong judicial systems, a strong anti-corruption framework and a clear and consistent legislative framework, the protection of THE EU's financial interests and sustainable growth. It is the main driving force in THE work of EU instruments contributing to structural reforms in the Member States.
For more information
2021 Report on the rule of law the rule of law in the European Union
2021 Report on the rule of law national Sections
EU rule of law mechanism: fact Sheet
A set OF EU instruments in the area of justice: fact Sheet