Changes from report parliamentary committee draft to plenary report

Change 4

Removed9. Calls on the Member States to fully implement the Anti-SLAPP (strategic lawsuits against public participation) Directive and Commission Recommendation (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’), and to adopt comprehensive domestic anti-SLAPP measures to protect journalists and provide support for those facing risks;

Added33. Expresses deep concern over the increasing attacks on journalists and publishers, with a disproportionate impact on women; calls on the Commission and the Member States and on candidate and potential candidate countries to ensure the safety and protection of journalists, including investigative journalists and fact checkers who are particularly exposed; highlights the fact that the most common forms of threat include verbal attacks, online harassment, intimidation through social media and email, and legal threats, including cases covered by the Anti-SLAPP (‘Strategic lawsuits against public participation’) Directive, as well as instances of stalking and personal harassment;

Removed10. Urges the Member States to protect media freedom and pluralism, prevent the concentration of media ownership and combat disinformation, particularly through robust laws and independent regulators; underlines the democratic importance of independent, stable public broadcasting and the need to ensure the funding of public service media;

Added34. Calls on the Member States to fully implement the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 of 27 April 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings, and to adopt comprehensive domestic anti-SLAPP measures to protect journalists and provide support for those facing intimidation, defamation and limitations on the ability to exercise their profession; recommends that, when transposing the directive, Member States extend its application to also include national cases, since the majority of SLAPP cases occur at the national level; calls on the Commission to put forward proposals to address SLAPP cases not covered under the current Directive;

Removed11. Strongly condemns state control and political interference in media operations and calls for greater efforts to ensure the safety and protection of journalists;

Added35. Calls for the introduction of specific aggravating circumstances in criminal law for offences committed against journalists when such acts are motivated by or connected to their professional activities;

RemovedCivil society organisations

Added36. Urges the Member States and candidate and potential candidate countries to protect and promote media freedom and pluralism, ensure transparent allocation of public funds, prevent the concentration of media ownership, protect editorial independence and combat disinformation, particularly through robust laws, including specific provisions on media ownership transparency, and independent regulators; underlines the important role of public service media; welcomes initiatives at national level to create a media registry containing public information about ownership and advertising investment in order to ensure transparency, impartiality and verifiability; further calls on Member States to ensure adequate, sustainable and predictable funding and budgetary stability based on transparent and objective criteria for public service media; recommends the creation of a dedicated EU media freedom fund supporting independent journalism and local media outlets;

Removed12. Agrees with the Commission’s assessment that civil society organisations (CSOs) and human rights defenders (HRDs) are essential for the balance of power;

Added37. Condemns the spread of hate speech, including in mainstream and social media, as it poses a serious threat to democracy and the rule of law; calls for stronger enforcement of media regulations to combat hate speech and safeguard a diverse and inclusive media landscape, in accordance with its resolution of 18 January 2024 on the situation of fundamental rights in the European Union; underlines the fact that prominent public figures and politicians have to lead by example and need to ensure a respectful debate; recalls that freedom of expression is a fundamental value of democratic societies and should not be unjustifiably restricted; further recalls that any legislation on hate speech and hate crime should be grounded in the principles of necessity and proportionality; underlines that freedom of expression must be exercised within the law and in line with Article 11 of the Charter and should not be exploited as a shield for hate speech and hate crimes;

Removed13. Is concerned by the growing trend of CSOs and HRDs facing further legal restrictions, a lack of funding, and attacks; calls for an enabling and supportive framework for civil society and reiterates the importance of adopting the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 to protect CSOs; considers that the Commission and the Member States should expand funding for CSOs;

Added38. Acknowledges that citizens perceive signs of an erosion of democracy fuelled by misinformation and disinformation, and that the spread of false information through social media could lead to the erosion of general respect for the rule of law; calls on digital platforms to take immediate action by ensuring compliance with their own community standards and European laws, including the Digital Services Act (DSA) and competition rules; calls on the Commission to assess such compliance regularly and take measures where necessary; recommends that Member States, candidate and potential candidate countries develop comprehensive strategies to combat disinformation and foreign interference in democratic processes, while safeguarding freedom of expression and media pluralism;

Added39. Strongly condemns state control and political interference in media operations; highlights the fact that media regulators must be adequately protected by legal safeguards to ensure their independence and freedom from political pressure, with sufficient budgetary resources at their disposal; underlines the democratic importance of independent media regulators;

Added40. Expresses deep concern over the abuse of spyware and the lack of sufficient safeguards against illegal surveillance of journalists; calls on the Commission to implement the recommendations of Parliament’s PEGA Inquiry Committee on banning politically motivated surveillance;

Added41. Urges Member States to ensure that the transposition of Directive (EU) 2016/343 on the presumption of innocence does not introduce restrictions on the right to report on and inform the public of matters of public interest, including judicial investigations, that are not provided for by the Directive; calls on Member States to review and, if necessary, modify existing national provisions that could limit journalistic freedoms;

Added42. Calls on the Member States to ensure that the national coordinators established under the DSA are fully empowered to perform their role in facilitating information exchange and cooperation at the European level;

AddedCivil society organisations (CSOs)

Added43. Agrees with the Commission’s assessment that CSOs, including those advocating for the rule of law and democracy, the protection of marginalised groups, environmental protection and social justice, and human rights defenders (HRDs) are essential for the checks and balances and for the protection of fundamental values and Union law that are a cornerstone of the EU; appreciates that CSOs and professional associations representing groups such as judges, prosecutors or journalists support the rule of law; underlines, in particular, the importance of local, vibrant civil societies in candidate and potential candidate countries, which play a constructive role in the EU accession processes; recognises their role as watchdogs against rule of law violations and their contribution to promoting and safeguarding democratic principles; recalls the need for a safe, supportive and enabling environment for their work;

Added44. Highlights the role of civil society and independent oversight bodies in monitoring, verifying and supporting the implementation of the recommendations of the 2024 Rule of Law Report; calls for a structured civil dialogue framework to integrate civil society contributions into the annual rule of law cycle, as recommended by the European Economic and Social Committee (EESC) and civil society networks; reiterates the importance of broad consultation when drafting the report; supports the Commission’s plan to draft a strategy on space for and the protection of civil society and HRDs; recommends that the EU Guidelines on Human Rights Defenders be fully implemented; calls on the Commission to conduct visits to Member States on-site whenever possible, rather than virtually, as on-site visits could paint a fuller and more contextual picture of the local situation;

Added45. Is concerned by the growing trend of CSOs and HRDs facing further legal restrictions, a lack of funding, and attacks, which undermine freedom of association, freedom of assembly and freedom of expression; notes with concern that several Member States and candidate and potential candidate countries have imposed disproportionate measures, including the excessive use of force and the detention of protesters to prevent people from participating in protests in some Member States, as well as pre-emptive bans on public gatherings on the vague grounds of security; stresses that courts have overturned such bans in multiple cases; strongly condemns the use of ‘foreign agent laws’, which stifle dissent, harass CSOs and restrict their operations, creating a chilling effect on civil society and HRDs; regrets the fact that restrictions on freedom of assembly, expression and association and the use of excessive force often disproportionately affect specific causes or groups;

Added46. Stresses that peaceful assembly, freedom of association and expression, and freedom of the arts and sciences are fundamental rights protected by international law and are essential for democracy; condemns the increased pressure on these rights, where proven, and notes the trend of restricting them; condemns also, in this context, episodes of violence against police forces; calls on the Commission to reflect these freedoms in the annual report;

Added47. Expresses deep concern about the shrinking civic space and increasing persecution of CSOs and HRDs in the EU, particularly those working on anti-racism, climate justice, LGBTIQ rights, women’s rights and migrant supports; notes that these groups face a range of threats including legal and financial restrictions, funding suspensions, smear campaigns, intimidation and criminalisation; condemns, in particular, the growing repression of climate activism in several Member States, including the misuse of anti-terrorism and organised crime laws and the classification of peaceful climate activists as members of ‘criminal organisations’; calls on the Member States to refrain from disproportionate legal action against such activists; urges the Commission to systematically monitor the situation of these organisations in its rule of law reports and to expand dedicated EU funding for civil society actors combating racism and working on other fundamental rights;

Added48. Calls on the Commission to address such breaches in a dedicated pillar of the annual rule of law reports; calls on the Commission to strengthen the protection of CSOs and HRDs, by establishing early warning mechanisms, increasing the transparency of funding for all actors in the scope of the EU Transparency Register and expanding funding to support CSOs to enable them to operate freely and independently;

Added49. Urges the Member States to create an enabling environment for CSOs and HRDs, adopt the Anti-SLAPP Directive, and implement Commission Recommendation (EU) 2022/758 to protect CSOs from legal harassment; calls for strengthened independence of national oversight bodies, with adequate resources and safeguards against political interference; encourages support for CSOs in developing and disseminating educational initiatives to ensure broad outreach and accessibility;

Added50. Considers that the Commission and the Member States should improve funding mechanisms for CSOs and initiatives that strengthen the judiciary and uphold court independence, namely through the Citizens, Equality, Rights and Values programme and the Justice programme; welcomes the fact that the Commission plans to draft a strategy for protecting civil society, recalls, at the same time, that there should be a special focus on HRDs; calls on the Commission to include a rapid response mechanism to support threatened CSOs and HRDs within the Union, drawing on the model of the EU-funded ‘Protect Defenders’ mechanism, which currently has a non-EU focus only; emphasises that this mechanism could provide resources for advocacy, legal aid and awareness campaigns, while ensuring that these organisations can operate without undue restrictions or harassment; calls for the full and consistent application of the Union guidelines on HRDs in candidate and potential candidate countries; is concerned, however, by the growing trend in some Member States of CSOs and HRDs facing challenges, with new legal restrictions, a lack of funding, and physical or verbal attacks, and by the deplorable acceptance of such practices and the chilling effect thereof, including on their freedom of speech within the Member States and the EU institutions; considers that CSOs and HRDs play an essential supportive role in monitoring Member States’ compliance with the values enshrined in Article 2 TEU;

Equality and non-discrimination before the law

Change 5

Changed14.51. Recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in judicial proceedings; stresses that the rule of law and fundamental rights are interlinked and that violations of the rule of law have an immediate impact on fundamental rights and disproportionately affect women, minorities and vulnerable groups; calls on the Commission to actmonitor inthe caseseffect of non-complianceany withviolations theseof principles;the recognisesrule of law on fundamental rights and to ensure that freeequality movementand ofnon-discrimination personsbefore withinthe law for all people are protected through the EUuse shouldof notall berelevant hinderedinstruments, byincluding discriminatoryinfringement practices;procedures, where appropriate;

Change 6

Removed15. Calls on the Commission and the Member States to extend the EU’s legal basis in this area and put forward a proposal on hate crime and speech; calls on the Council to adopt Directive 2008/140;

Added52. Stresses the need to fight against all types of discrimination before the law; expresses its concern over the lack of progress in and implementation of equality and anti-discrimination laws in some Member States; regrets the fact that, despite existing EU legislation such as Directive 2000/78/EC on equal treatment, gaps in the legal framework and in implementation persist, leaving victims without adequate legal recourse; recalls that Member States’ legal frameworks must enshrine equal legal treatment and promote equality and the right of individuals not to be discriminated against in legal remedy; calls on the Commission to act in cases of non-compliance with these principles; deplores the intention of the Commission to withdraw the proposal for a horizontal equal treatment directive and urges the Council to adopt the directive without further delay;

Removed16. Calls for the legal protection of women, for gender-based violence to be added as a crime under EU law, for an EU proposal on consent-based rape laws and for access to safe, legal abortion to be enshrined in the Charter;

Added53. Is concerned that the Commission’s 2024 Rule of Law Report noted that some Member States fail to effectively prosecute hate crimes or provide sufficient support to victims of hate crimes, undermining trust in judicial systems and perpetuating inequality before the law; calls on the Council to extend the current list of ‘EU crimes’ in Article 83(1) TFEU to include hate crimes and hate speech and calls on the Commission to put forward a legislative proposal on hate crime and hate speech; asks the Commission to focus on hate crimes in its rule of law reports and, in this regard, to closely monitor and record hate crimes;

Removed17. Underlines that all citizens, regardless of their nationality, place of birth or regularity of arrival in the Member States, must be equal before the law and encourages the Commission and the Member States to further tackle nationality-based discrimination; calls on the Commission to ensure that the Member States respect the RoL in their national plans when implementing the Pact on Migration and Asylum;

Added54. Underlines that gender-based violence, online and offline, is a major and pervasive offence, as well as a radical violation of fundamental rights, and it violates the principle of equality before the law; calls on the Commission and the Member States to take action against gender-based violence, both online and offline, including violence committed through the use of digital platforms; calls for gender-based violence to be added to the list of EU crimes and for an EU legislative proposal on combating rape based on the lack of consent, also in candidate and potential candidate countries;

Removed18. Calls for continued action to be taken against discrimination and crimes targeting minority groups and national, ethnic, linguistic and religious minorities; urges the Commission to add a pillar to the annual RoL report on strengthening the fight against all forms of discrimination;

Added55. Recalls the need for access to sexual and reproductive rights and health and calls for access to safe, legal abortion to be enshrined in the Charter;

RemovedSingle market and the RoL

Added56. Calls on all Member States to protect LGBTIQ rights in compliance with Union law, the Charter, and CJEU and ECtHR case-law, recalls that legal barriers to recognising same-sex partnerships or parenthood across borders persist in several Member States; warns that such practices not only hinder the free movement of LGBTIQ families within the EU, but also violate the rule of law principle of non-discrimination before the law, highlighting the lack of uniform protection for LGBTIQ individuals across Member States; calls on the Member States who have not yet done so to introduce legal recognition of same-sex partnerships; calls on the Commission to recast Directive 2004/38/EC in order to include an explicit cross-border recognition of private and family life rights, including parenthood for same-sex parents, in the light of the latest rulings of the CJEU; stresses that all children are equal before the law and that Member States must act in the best interests of the child, increase legal certainty and reduce discrimination against the children of same-sex parents; recalls Parliament’s position supporting the recognition of parenthood across the EU, irrespective of how a child is conceived or born, or the type of family they have; urges the Commission to present a renewed LGBTIQ strategy that fully addresses the challenges throughout Europe; calls on the Commission and the Council to make LGBTIQ rights a cross-cutting priority across all policy fields; calls on the Commission to put forward appropriate legislative measures to ensure respect for these principles, as well as to rely on infringement procedures against Member States; urges the Commission to present legislative proposals to combat hate crimes and hate speech on grounds of gender identity, sex characteristics and sexual orientation;

Removed19. Highlights the importance of the RoL in ensuring the functioning of the single market and reaffirms that judicial systems, effective anti-corruption frameworks and the protection of media freedom are crucial for fair competition, legal certainty and trust among economic operators;

Added57. Is deeply concerned about the discriminatory measures introduced in some Member States under the pretext of fighting ‘LGBTIQ propaganda’ and ‘gender ideology’ which are contributing to an alarming increase in hate crimes and hate speech targeting LGBTIQ individuals in several Member States and have a negative impact on children, families and workers; highlights the negative impact of such measures on the freedom of expression and assembly for LGBTIQ groups and beyond; emphasises that these actions encourage discrimination against LGBTIQ individuals and contravene EU law; urges the Commission to present a proposal for a binding EU ban on conversion practices in all Member States; notes that in 2024, both the Commission and the European Union Agency for Fundamental Rights (FRA) noted an alarming increase in hate crimes and hate speech targeting LGBTIQ individuals and other minorities in several Member States, stresses the importance of the right to self-determination of LGBTIQ persons and reminds Member States that, in accordance with case-law, the right to self-determination is a fundamental right; therefore urges all Member States who have not done so yet to make sure that LGBTIQ individuals have access to legal gender recognition;

RemovedRoL tools and the economic dimension

Added58. Is deeply concerned by and strongly condemns the rising levels of anti-Semitism across the EU; is also deeply concerned and strongly condemns the rising levels of Islamophobia and all other forms of discrimination across the EU, including acts of violence, intimidation, hate speech and the display of hate symbols in public spaces; calls on the Member States and candidate and potential candidate countries to make sure that members of all minorities are equal before the law; calls on the Member States to review laws and policies to ensure that they do not discriminate against minorities, directly or indirectly, and to review any discriminatory legal provisions and regulations; calls for sustained efforts at both EU and national levels to monitor, prevent and prosecute related hate crimes and to protect Jewish and Muslim communities from harassment and violence;

Removed20. Calls on the Commission to further develop a direct link between preventive and reactive instruments and to launch infringement procedures through the application of Article 7 TEU, the general conditionality mechanism and horizontal enabling conditions in the Charter;

Added59. Emphasises that a lack of accountability disproportionately affects minorities’ communities, fair political representation, and economic opportunities; calls for increased transparency in public decision-making processes to ensure inclusive and equitable governance;

Removed21. Underlines the need for a comprehensive conditionality mechanism ensuring compliance with the RoL across EU law, beyond its budgetary dimension; urges the Commission to present a proposal broadening the scope of this mechanism;

Added60. Calls on the Member States to fully implement Directive 2024/1500 and Directive 2024/1499, which establish minimum standards for equality bodies; calls for concrete measures to guarantee their independence and ensure their effectiveness in promoting equality;

Removed22. Calls for an introduction to smart conditionality that would allow EU funds to bypass national governments undermining the RoL and be distributed directly to municipalities, non-governmental organisations and other actors that uphold EU values;

Added61. Underlines that third-country nationals legally residing in the EU, regardless of their nationality or place of birth, must be treated in a non-discriminatory manner and enjoy fair and equal treatment in the areas specified by existing legislation; points out that third-country nationals, regardless of their nationality, place of birth or residence status, have the right to apply for international protection in compliance with international and EU law, of which the non-refoulement principle is an integral part; calls on the Commission to support the Member States in upholding the rule of law and fundamental rights enshrined in the Charter and in implementing the legislation adopted by the co-legislators; stresses the binding nature of the judgments of the CJEU and the ECtHR;

Added62. Urges the Commission to ensure that the free movement of persons within the EU, the right to reside freely, and family reunification are fully respected in the EU territory and that every citizen can enjoy equal rights and fully exercise their rights;

Added63. Urges the Commission to strengthen the focus in the annual rule of law report on strengthening the fight against all forms of discrimination in access to justice; calls on the Commission and the Member States to combat discrimination on grounds of racial and ethnic origin, religion or belief, nationality, political opinion, language, disability, age, gender, including gender identity and gender expression, and sexual orientation; urges the Council to reach an agreement on Directive 2008/0140(CNS); urges the Commission to introduce new pillars in the annual rule of law report focusing on combating all forms of hatred and discrimination as enshrined in Article 21 of the Charter, namely regarding crimes that target minority groups and members of national, ethnic, linguistic and religious minorities, as well as the conditions of civil society in Member States; calls on the Commission to require Member States to collect comparable and robust disaggregated equality data to fully assess the impact of structural discrimination on the rule of law; calls on the Commission to reconsider its position on the Minority SafePack Initiative and to put forward legislative initiatives to safeguard the promotion of minority rights and language rights; reiterates its call for the EU to accede to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages; calls for closer ties between the EU and the Council of Europe on minority rights, including in view of the enlargement process;

Added64. Emphasises the need for Member States to address the gender gap in the judiciary and other key democratic institutions; recommends implementing targeted measures to increase women’s representation in senior judicial and public administration positions;

Added65. Calls on the Member States to establish national human rights institutions, in accordance with the UN Paris Principles, to guarantee their independence and to ensure that they have the capacity to carry out their tasks effectively;

AddedSingle market and the rule of law

Added66. Highlights the importance of the rule of law in ensuring the smooth and efficient functioning of the single market and reaffirms that well-functioning, independent judicial systems, effective anti-corruption frameworks and strong protection of media freedom are crucial for maintaining fair competition, upholding legal certainty and fostering trust among economic operators; underlines that non-compliance and circumvention of European regulations lead to enormous distortions of competition in the internal market; emphasises that reliable and stable rule of law structures are key pillars for investment and trade, which are essential for competitiveness and, therefore, for the capacity of the welfare system and the labour market in the EU;

Added67. Stresses that the proper functioning of the single market depends on the effective application of the principle of mutual trust and recognition in both judicial and administrative cooperation; recalls that such trust can only be sustained where the rule of law – as also recommended by the Venice Commission in its rule of law checklist – is fully upheld; indicates that the principle of mutual recognition should be suspended in cases of systemic breaches;

Added68. Underlines the negative economic impact that corruption and weak judiciary systems have on investor confidence and cross-border cooperation; is concerned that national governments and institutions which fail to uphold the rule of law may allow anti-competitive behaviour to flourish, or may even actively encourage it for political or economic gain, thereby potentially damaging the EU’s economy and undermining the fairness of its internal market;

Added69. Recalls that, within the scope of application of the Treaties, any discrimination on the grounds of nationality is prohibited in accordance with the Charter, and that freedom of establishment, service provision and movement of capital are fundamental to the single market; underlines that the rules regarding equality of treatment forbid overt and covert discrimination by reason of nationality or, in the case of a company, its seat; recalls its condemnation of the reported systemic discriminatory, non-transparent and unfair practices against companies in some Member States;

Added70. Condemns systemic discriminatory practices in Hungary, including the misuse of EU funds to benefit political allies, violations of EU competition rules, and the concentration of businesses in the hands of oligarchs with ties to the government; deplores the release of EU funds to the Hungarian Government despite ongoing deficiencies in judicial independence and anti-corruption frameworks; recommends suspending disbursements until all rule of law benchmarks are met; urges the Commission to ensure that EU funds reach the Hungarian population, including through direct and indirect funding mechanisms for beneficiaries independent of the Hungarian Government;

Added71. Highlights the importance of addressing economic inequality and social exclusion as threats to democratic participation and the rule of law;

Added72. Calls on the Commission to integrate the single market dimension of the rule of law more explicitly into its monitoring mechanisms, with a stronger focus on the uniform and rapid application, implementation and enforcement of existing legislation, ensuring that Member States’ adherence to rule of law principles is assessed not only from a democratic and judicial standpoint but also in terms of its economic impact on the single market and financial stability; requests that the Commission include in its 2025 rule of law report a dedicated chapter on the single market dimension; urges the Commission to use all available legal tools to address rule of law deficiencies, including launching infringement procedures and competition law enforcement powers when necessary, to preserve the functioning of the internal market;

AddedRule of law toolbox