Changes from report parliamentary committee draft to plenary report

– having regard to Resolution 2262 (2019) of 24 January 2019 of the Parliamentary Assembly of the Council of Europe on promoting the rights of persons belonging to national minorities,

– having regard to the recommendations and reports of the Office for Democratic Institutions and Human Rights, the High Commissioner on National Minorities, the Representative on Freedom of the Media and other bodies of the Organization for Security and Co-operation in Europe (OSCE), to the cooperation between the EU and the OSCE on democratisation, institution-building and human rights and to the annual OSCE hate crime report, in which participating states have committed themselves to passing legislation that provides for penalties that take into account the gravity of hate crime, to taking action to address under-reporting and to introducing or further developing capacity-building activities for law enforcement, prosecution and judicial officials to prevent, investigate and prosecute hate crimes,

Removed– having regard to its PEGA Inquiry Committee report and to its recommendation of 15 June 2023 to the Council and the Commission following the investigation of alleged contraventions and maladministration in the application of Union law in relation to the use of Pegasus and equivalent surveillance spyware,

Added– having regard to the special reports of the European Court of Auditors of 17 December 2024 on Enforcing EU Law (28/2024), of 22 February 2024 on the Rule of Law in the EU (03/2024), and of 10 January 2022 on EU support for the rule of law in the Western Balkans (01/2022), and to its review of 28 February 2024 on the Commission’s rule of law reporting (02/2024), and to their respective recommendations,

Added– having regard to the Political Guidelines for the next European Commission 2024-2029, presented to Parliament on 18 July 2024 by Ursula von der Leyen, candidate for President of the Commission,

Added– having regard to the 2024 Eurobarometer surveys on corruption, which show that corruption remains a serious concern for citizens and businesses in the EU,

– having regard to the feedback reports, mission reports, written questions and answers of its Democracy, Rule of Law and Fundamental Rights Monitoring Group (DRFMG),

– having regard to Rule 55 of its Rules of Procedure,

Added– having regard to the opinion of the Committee on Foreign Affairs,

– having regard to the opinion of the Committee on Legal Affairs,

Changed– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A10-0000/2025),(A10-0100/2025),

Change 1

ChangedA. whereas the Union is founded on the common values enshrined in Article 2 TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities – values that are common to the EU Member States;States and are reflected in the Charter and embedded in international human rights treaties; whereas the Charter is part of EU primary law; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, pose a systemic threat to the rights and freedoms of the people living in the EU;

Change 2

RemovedJustice and corruption

AddedB. whereas it is apparent from Article 49 TEU, which provides the possibility for any European state to apply to become a member of the European Union, that the Union is composed of states which have freely and voluntarily committed themselves to the common values referred to in Article 2 TEU, which respect those values and which undertake to promote them; whereas EU law is thus based on the fundamental premise that each Member State shares with all the other Member States, and recognises that those Member States share with it, those same values; whereas that premise implies and justifies the existence of mutual trust between the Member States that those values will be recognised and, therefore, that the law of the EU that implements them will be respected,; whereas the Member State are required to ensure that any regression in the protection of the values enshrined in Article 2 TEU is prevented;

Removed1. Underlines that fair and accessible justice is a basic rule of law (RoL) principle that requires an independent judiciary; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination and hold decision makers accountable;

AddedC. whereas civil society organisations (CSOs), the legal community, associations, independent media and grassroots movements remain a cornerstone of the rule of law by promoting transparency, accountability and citizen participation in democratic processes; whereas these actors have been instrumental in safeguarding judicial independence, freedom of expression and other constitutional values, often operating under increasing political and legal constraints;

Removed2. Notes that the Commission has found structural challenges to improving the efficiency of the judiciary of some Member States; stresses the need for transparent and merit-based appointments for high-level judicial positions, without political interference;

AddedD. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations that arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Union; whereas Member States should refrain from any measures which could jeopardise the attainment of the Union’s objectives;

Removed3. Calls on the Member States to implement pending judgments promptly and urges the Commission to assess the consequences for compliance with EU law and to launch infringement procedures if needed;

AddedE. whereas in a recent Eurobarometer survey, 74 % of respondents thought that the EU plays an important role in upholding the rule of law and 89 % believed that it is important for all Member States to respect the EU’s core values; whereas, in the current global economic and political context, bolstering citizens’ trust in the rule of law and the resilience of democracies at EU level is a crucial factor;

Removed4. Welcomes the revision of the Victims’ Rights Directive to close legal gaps, ensuring that victims can access justice and receive support;

AddedF. whereas accession to the EU must always be a merit-based procedure in which there is an assessment of whether an applicant fulfils the Copenhagen criteria, in particular those guaranteeing full respect for human rights, democracy and the rule of law, in order to ensure that EU enlargement strengthens rather than weakens the EU and its single market; whereas the fundamental role of the Instrument for Pre-Accession Assistance as a Union instrument is to support the rule of law, democracy and human rights in candidate and potential candidate countries, including the strengthening of democratic institutions and CSOs, as well as progress on good governance and the fight against corruption, the promotion and protection of non-discrimination and gender equality and the strengthening of capacities for conflict prevention and resolution;

Removed5. Reiterates its call on the Commission to swiftly conclude negotiations on the EU’s membership of the Council of Europe’s Group of States against Corruption (GRECO) and demands that the annual RoL report cover EU institutions;

AddedIndependence of the judiciary

Removed6. Notes the trend of some Member States delaying or not implementing CJEU judgments and calls for the implementation of these judgments to be prioritised;

Added1. Underlines that fair and accessible justice is a basic rule of law principle that requires an independent judiciary; reiterates that access to justice is essential for citizens to exercise rights, challenge discrimination and hold decision makers accountable;

Removed7. Calls on the Member States to enhance transparency and accountability in public institutions by strengthening anti-corruption frameworks, ensuring the establishment of independent oversight bodies, fostering protection for whistle-blowers, improving integrity frameworks and lobbying for legislation; regrets the lack of relevant progress made in tackling high-level corruption in some Member States;

Added2. Recalls that robust national legal systems are indispensable in Member States, candidate and potential candidate countries, given that the Commission relies on national judicial authorities to enforce EU law, and that they are fundamental to judicial cooperation across the EU and to fostering mutual trust; notes with concern that while some judicial systems may appear robust on paper, this does not always align with reality;

Added3. Stresses the need for the impartiality of judges; recalls that the appointment and promotion of judges must be determined solely by their qualifications and not be influenced by political or personal considerations, as the judges essential for safeguarding judicial independence; recalls that the criteria for nominations and appointments to high-level judicial positions must be fully transparent;

Added4. Underlines the important role of the national councils of the judiciary in safeguarding judicial independence; considers it necessary to evaluate the reforms that are in the process of being adopted in different Member States and encourages the adaptation of the composition and functioning of these bodies to the standards established by the Commission and the Council of Europe, and which have been endorsed by the CJEU; calls on the Commission in its future rule of law reports to place a particular focus on the roles, structures and functioning of Member States’ national judicial councils as part of its assessment of judicial independence;

Added5. Points out that the prosecution service is a key element in the capacity of a Member State to fight crime and corruption; regrets any governmental or political interference in corruption investigations and recalls that no one is above the law; condemns the misuse of the judicial system for political purposes, including the persecution of political opponents and interference in corruption investigations; stresses that both politically motivated prosecutions and amnesty laws and pardon procedures driven by political interests undermine public trust in constitutional principles and EU standards; highlights the importance of guaranteeing the autonomy and independence of the prosecution service, thereby preventing any political interference in its work, especially from the government; highlights the role of transparent appointment processes for prosecutors as a key factor in maintaining public confidence in criminal justice;

Added6. Calls for disciplinary procedures for judges and prosecutors to be handled by independent bodies free from political influence and, where necessary, for the system of disciplinary procedures to be reformed to preclude their use by political authorities to control the judiciary;

Added7. Calls on the Commission to maintain constant oversight, ensuring that judges and prosecutors remain independent of the authorities responsible for appointing or reappointing them; calls on the Commission to proactively monitor and swiftly react to risks of rule of law backsliding in areas of judicial independence and access to justice, in line with the principle of non-regression as clarified in recent CJEU case-law;

Added8. Notes that the Commission has found that there are structural challenges with regard to improving the efficiency, accessibility and quality of the judiciary of some Member States and of candidate and potential candidate countries; notes that the Commission has found that several Member States have allocated additional resources to strengthening the resilience of justice systems to ensure the timely resolution of cases and reduce backlogs, while in other Member States levels of remuneration continue to pose challenges, often leading to shortages and vacancies; notes that underfunding and understaffing can undermine the accessibility and effectiveness of judicial systems, thus eroding trust in the rule of law; emphasises that adequate remuneration is essential to attract and retain qualified judicial personnel; strongly believes that training is a key element that guarantees the independence of judges, as well as the quality and efficiency of the judicial system; states that an important element of the state of the rule of law and fair proceedings are judicial procedures conducted in a reasonable time frame; notes, in that context, that the justice scoreboard indicates significant discrepancies across the EU legal area;

Added9. Encourages the Member States to ensure training opportunities for judges; strongly believes that training should be multidisciplinary, with a particular focus on gender equality; reiterates that adequate resources, including funding, infrastructure and qualified personnel, are crucial for the efficiency and accessibility of the justice system; recognises the role of court staff, including notaries, in numerous Member States; calls on all Member States to follow up on corruption cases within a reasonable time limit so as to not foster a feeling of impunity among their citizens; invites Member States to take advantage of the opportunities offered by digitalisation to simplify procedures and processes, improve efficiency and accessibility, save time and reduce storage costs;

Added10. Stresses the importance of independent judicial systems and access to free legal aid in ensuring equal access to justice; reiterates that adequate resources, including infrastructure and personnel, are crucial to improving justice systems; recommends that Member States take concrete steps to improve access to justice for marginalised and vulnerable groups, including adequately funded, enhanced legal aid systems and measures to address language barriers and digital divides;

Added11. Recalls that the Commission’s 2024 Rule of Law Report states that serious concerns persist regarding judicial independence in Hungary and that political influence on the prosecution service remains, with the risk of undue interference in individual cases, and that the freedom of expression of judges remains under pressure and smear campaigns against judges continue in the media;

Added12. Welcomes the pivotal role of the CJEU in upholding the rule of law across the EU; endorses further initiatives to enhance the resources and the capabilities of the CJEU to effectively address further challenges to the rule of law; reiterates that, in accordance with Article 19 TEU and Article 267 TFEU, national courts cannot be hindered from using the possibility of a referral for preliminary ruling to the CJEU; calls on the Commission to carry out a systematic check in this regard as part of its annual rule of law report, and to start infringement proceedings in cases where national judges face obstacles in this regard;

Added13. Regrets the trend whereby some Member States are selectively applying, delaying or failing to implement CJEU and ECtHR judgments and calls for their timely and effective implementation; emphasises that Member States and EU institutions must systematically integrate and implement the latest CJEU case-law to uphold the rule of law and ensure the uniform application of EU law; calls for the swift adaptation of national legislation and institutional frameworks to comply with court rulings;

Added14. Reiterates its strong support for the International Court of Justice and the International Criminal Court (ICC) as essential, independent and impartial jurisdictional institutions at a particularly challenging time for international justice; recalls the need to fully implement the orders of the International Court of Justice, which are legally binding; calls for the Union, its Member States and candidate and potential candidate countries to continue to support the ICC;

Added15. Urges the Commission, as the guardian of the Treaties, to meet its responsibility for the enforcement of the Union’s basic values, including those laid down in Article 2 TEU and in the EU’s primary law, and not to rely only on citizens going to court themselves to ensure the application of EU law; stresses that the non-implementation of domestic and international judgments is violating the rule of law and risks leaving people without remedy and can create a perception among the public that judgments can be disregarded, undermining general trust in fair adjudication; underlines the fundamental role of the CJEU and the ECtHR in ensuring respect for the law and guaranteeing uniformity in its application; proposes establishing clear deadlines for the implementation of court rulings, as well as a detailed monitoring plan for the implementation of pending judgments; urges the Commission to launch infringement procedures if needed, together with motions for interim measures; calls on the Member States to implement pending judgments of the CJEU and the ECtHR promptly and suggests the establishment of a monitoring unit to monitor the implementation of CJEU and ECtHR rulings relating to democracy, the rule of law and fundamental rights in EU countries, and to fully integrate the monitoring unit’s findings into the annual rule of law report; recommends that the Commission, in particular, take action regarding failures to implement CJEU judgments under Article 260(2) TFEU and apply the Rule of Law Conditionality Regulation in cases of non-compliance with CJEU and ECtHR judgments where the breach identified affects or seriously risks affecting the Union budget or financial interests; stresses that systematic non-compliance with EU law must entail tangible financial penalties to ensure genuine deterrence; calls on the Commission to assess whether delays or non-compliance with such rulings warrant proceedings for failure to act under Article 258 TFEU; calls on the Commission to systematically analyse data on non-compliance with country-specific views of UN Treaty Bodies;

Added16. Welcomes the revision of the Victims’ Rights Directive to close legal gaps, ensuring that victims can access justice and receive support; calls on the Council to include as much as possible from Parliament’s mandate, including provisions ensuring victims’ right to review decisions in criminal proceedings, on access to legal remedies and fair compensation, and on comprehensive support services, particularly for those in vulnerable situations; stresses the importance of effective data collection, of enhancing resource allocation for victim assistance and of safeguarding victims’ privacy and personal data to prevent secondary victimisation and ensure that victims, including undocumented migrants and asylum seekers, can safely report crimes; expects co-legislators to adopt solutions that are victim-centred;

Added17. Recognises the essential role of law enforcement in upholding the rule of law and protecting fundamental rights; calls on the Member States to ensure adequate funding, training and resources for the police and law enforcement agencies; calls on the Member States to take into account the Council of Europe’s Code of Police Ethics in this regard; emphasises that any use of force must be strictly necessary, proportionate and subject to clear safeguards; calls on the Member States to introduce guidelines for the transparent, independent and consistent selection, testing and trialling of weapons used by law enforcement agents, based on UN standards, recommendations and guiding principles; notes that this assessment should determine that such weapons are compliant with international human rights law and standards prior to their selection and deployment; calls on the Member States to thoroughly investigate any cases of excessive use of force and discriminatory treatment by law enforcement agencies;

Added18. Calls on the Commission to include, as a rule of law concern, the conditions in prisons in future rule of law reports, given the serious and growing concerns across Europe regarding overcrowding, inadequate living conditions and the alarming rates of suicide within prisons;

Added19. Calls on the Commission to pay special attention to analysing procedural justice with a view to identifying strengths, gaps, discrepancies and best practice in ensuring transparency, efficiency and fair treatment in strengthening administrative justice across the EU, as a means of ensuring the accountability of public authorities;

AddedAnti-corruption framework

Added20. Stresses that the rule of law requires that persons holding public office cannot act arbitrarily or abuse their power for personal gain; underlines that governments should adopt laws in the interest of the general public and not in the interest of specific individuals;

Added21. Reiterates that corruption is a serious threat to democracy, fundamental rights and the rule of law in Member States, candidate countries and potential candidate countries; underlines that corruption erodes citizens’ trust in public institutions; deplores the fact that the 2024 Eurobarometer on corruption shows that corruption remains a serious concern for EU citizens and businesses, with 68 % of Europeans considering corruption to be widespread in their country, 65 % believing that high-level corruption cases are not pursued sufficiently and 41 % believing that the level of corruption has increased; considers this a call for the EU to step up its efforts to combat corruption;

Added22. Reiterates its call on the Commission to immediately finalise negotiations on the EU’s membership of the Council of Europe’s Group of States against Corruption (GRECO); notes that such membership will ensure greater transparency, accountability and efficiency in the management of EU funds, the legislative process and the work of the EU institutions, and demands that the annual rule of law report cover EU institutions;

Added23. Reiterates its call on all Member States to adopt a code of conduct for judges following the GRECO recommendations, and taking into account the codes applicable at the ECtHR and the CJEU; calls on Member States to create independent mechanisms to investigate alleged violations of the code of conduct and other laws, to improve disclosure and transparency with regard to conflicts of interest and gifts received by the judiciary, and to address the issue of revolving doors;

Added24. Calls on the Member States, candidate countries and potential candidate countries, and the EU institutions to enhance transparency and accountability in public institutions by strengthening anti-corruption and conflict of competence legal frameworks and reporting processes to ensure the effective investigation and prosecution of corruption cases, including high-level corruption cases (inter alia those linked to public procurement procedures and those relating to high-risk areas such as ports or land borders), reinforcing oversight mechanisms and bodies and the independence and proper functioning of existing agencies, fostering protection for whistle-blowers, improving integrity frameworks and lobbying for legislation; regrets the lack of relevant progress made and stresses that final convictions and deterrent penalties are necessary to demonstrate genuine commitment to tackling corruption; calls on Member States to ensure the transparency and accountability of lobbying activities, including the establishment or improvement of mandatory lobbying registers and ‘legislative footprint’ mechanisms for tracking the influence of lobbying activities on lawmaking processes;

Added25. Acknowledges the important role of the European Public Prosecutor’s Office (EPPO) in safeguarding the rule of law and combating corruption within the EU; encourages the Commission to closely monitor Member States’ level of cooperation with the EPPO; endorses the reinforcement of the monitoring and coordinative powers of the EPPO with a view to strengthening its ability to combat corruption in Member States; calls on the Commission to propose, under Article 86(4) TFEU, an expansion of the mandate of the EPPO to avoid circumvention of EU restrictive measures and cross-border environmental crimes, and to accelerate the revision of the EPPO Regulation and the Directive on the fight against fraud to the EU’s financial interests by means of criminal law in order to safeguard and clarify the primary competence of the EPPO with regard to corruption offences affecting the EU’s financial interests or committed by EU officials;

Added26. Urges all Member States that have not yet done so to join the EPPO in order to enhance the effectiveness of the fight against corruption, particularly in relation to the protection of EU funds; calls on all candidate and potential candidate countries to establish a framework for effective cooperation with the EPPO;

Added27. Calls on European bodies such as Europol, Eurojust, the European Court of Auditors, the EPPO and the European Anti-Fraud Office (OLAF) to improve their cooperation in the fight against corruption and fraud affecting EU finances;

Added28. Calls on the Commission to enhance transparency and accountability in all of its communications, visits and meetings, especially with high-level national actors;

Added29. Welcomes the Commission’s proposal for a directive on combating corruption which harmonises the definition of corruption offences in the public and private sector and the corresponding penalties; welcomes the inclusion of preventive measures, including on illicit political financing and training, in the directive on combating corruption, such as effective rules for the disclosure and management of conflicts of interest, open access to information and effective rules regulating the interaction between the private and the public sector; calls on the Member States to also put in place effective rules to address revolving doors, establish codes of conduct for public officials, establish a public legislative footprint, and ensure transparency in the funding of candidatures for elected public officials and political parties; appreciates that almost all Member States now have anti-corruption strategies in place; regrets, at the same time, that implementation and effectiveness vary; calls on the Member States that have not yet done so to develop and implement robust and effective anti-corruption strategies with the involvement of civil society; underlines the importance of the identification, notification, representation and coordination of victims of corruption; calls on the Member States to protect victims of corruption and enable them to have their views and concerns presented and considered at appropriate stages during criminal proceedings; calls on the Member States to ensure that victims of corruption have the right to adequate and proportionate compensation;

Added30. Calls on all the EU institutions, bodies, offices and agencies to strengthen their anti-corruption measures with regard to the disclosure and management of conflicts of interest, open access to information, rules regulating the interaction of EU institutions, bodies, offices and agencies with the private sector, revolving doors and the code of conduct for public officials; considers that during their term of office, Members of the European Parliament should not engage in paid side activities with for-profit organisations or businesses seeking to influence EU policymaking; acknowledges the agreement on establishing the Interinstitutional Body for Ethical Standards;

Added31. Recognises the crucial role that whistle-blowers play in exposing corruption and promoting transparency across both the public and private sectors; stresses the need to protect whistle-blowers from retaliation and harassment; calls for independent and autonomous whistle-blower protection authorities to be further strengthened and further integrated into broader national anti-corruption frameworks, ensuring a unified and robust approach to combating corruption throughout all Member States;

Media pluralism and freedom

Change 3

Changed8.32. Welcomes initiatives to promote free, independent and pluralistic media and a safe and enabling environment for journalists such as the European Media Freedom Act (EMFA) and calls for its swift implementation; calls on the Member States and candidate and potential candidate countries to improve transparency in the allocation of state advertising;advertising online and offline and to follow the recommendations contained in Commission Recommendation (EU) 2021/1534 of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union; calls on the Commission to provide the Member States with the necessary assistance forin transposing the EMFA;EMFA into national law, and to monitor its implementation, especially in certain Member States that rank poorly in freedom indices; underlines that the EMFA is a crucial milestone in safeguarding the independence, pluralism and integrity of the media landscape across the Union;