Changes from report parliamentary committee draft to plenary report

Change 13

Removed18. Condemns the unprecedented and intensified attack on civic space across the EU, with notable restrictions on the space for civil society and the right to peaceful assembly being witnessed in several Member States; strongly believes that the global trend toward democratic backsliding and the erosion of the rule of law, as well as the securitisation of agendas, have intensified restrictions on the right to peaceful assembly; urges the Member States to create a safe and enabling environment that guarantees freedom of assembly;

Added81. Recognises the role of civil society and non-governmental organisations in protecting minorities and combating discrimination, calling for fair and equitable access to support;

Removed19. Calls on the Member States and the Commission to improve the legal environment for civil society by ensuring that any measure restricting the right of associations to seek, secure and use resources, including foreign resources, must pursue one of the legitimate aims under Article 11(2) ECHR;

Added82. Reiterates the importance of broad consultation when drafting the rule of law report; calls on the Commission to prioritise on-site visits to the Member States, as they allow for a more comprehensive and contextual assessment of the situation;

Removed20. Is concerned by the growing legal and financial restrictions, smear campaigns, and criminalisation of civil society organisations and human rights defenders; stresses that reporting requirements for NGOs must not exceed those strictly necessary and proportionate to the specific aims pursued;

Added83. Highlights the importance of a vibrant civic space and of the rights to peaceful assembly and freedom of association across the EU, stressing that these rights, protected by international law and the Charter, are essential for democracy and government accountability; notes that these freedoms require further strengthening in some Member States; calls on Member States to ensure the protection of freedom of assembly for all and to guarantee a safe, enabling and legally secure environment for its exercise, in line with EU law and European and international human rights standards; notes with concern the increasing restrictions affecting civic space in several Member States, including excessive administrative burdens, smear campaigns and limitations on access to resources, which create a chilling effect and undermine the watchdog role of civil society;

Removed21. Calls on the Member States and the Commission to ensure the allocation of adequate financial resources for civil society organisations and human rights defenders; calls on the Member States to provide effective protection for human rights defenders, including rapid response mechanisms to threats;

Added84. Expresses deep concern over repeated restrictions on freedom of assembly; highlights criticisms expressed by the Council of Europe, the Organisation for Economic Co-operation and Development, the United Nations and civil society organisations regarding certain laws, including relevant legislation in the area of security, which do not meet the requirement of proportionality, which may weaken legal safeguards and may conflict with international human rights obligations; calls on the Member States to refrain from adopting laws or practices that preventively restrict the right to peaceful assembly, including imposing sanctions or penalties on participants in peaceful demonstrations without judicial oversight; reminds Member States that laws and practices concerning assemblies and protests must always comply with international human rights standards, including through adequate human-rights and crowd-management training for law enforcement officials; encourages Member States to introduce appropriate procedures or mechanisms for recording identity checks, and calls on the Member States to publish data on injuries and deaths during protests in order to enhance transparency and accountability of law enforcement authorities;

RemovedFundamental rights

Added85. Acknowledges the EU Strategy for Civil Society and measures to strengthen protection, participation and sustainable funding, including the Civil Society Platform, the Knowledge Hub on Civic Space and further protection tools;

Removed22. Welcomes the LGBTIQ+ equality strategy 2026-2030 and urges the Commission to present a proposal for a binding EU ban on conversion practices in all Member States;

Added86. Calls on the Member States and the Commission to continue to improve the legal and regulatory environment for civil society, while ensuring that any restrictions on the funding and activities of associations are clearly justified, proportionate, pursue legitimate public-interest goals and fully comply with EU law and European and international human rights standards, including the ECHR;

Removed23. Is deeply concerned about the discriminatory measures introduced in some Member States under the pretext of fighting ‘LGBTIQ propaganda’ and ‘gender ideology’; stresses that the Commission must act swiftly and decisively when Member States circumvent EU law, in particular the Charter;

Added87. Expresses deep concern about shrinking civic space and increasing persecution of civil society organisations (CSOs) and human rights defenders in the EU, particularly those working on anti-racism, climate justice, LGBTIQ+ rights, women’s rights, migration, including humanitarian assistance and aid to persons in distress at sea, as well as anti-corruption; urges the Commission to systematically monitor the situation of these organisations in its rule of law reports, as a shrinking civic space constitutes a structural rule-of-law concern; calls on the Member States to provide effective protection for human rights defenders, including rapid response mechanisms to threats;

Removed24. Calls on all Member States to protect LGBTIQ+ rights in compliance with EU 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, violating the principles of free movement and non-discrimination;

Added88. Expresses concern over constitutional amendments undermining legal certainty and the primacy of EU law;

Removed25. Is deeply concerned by the increasing levels of racism and xenophobia across the EU; condemns the incidents of hate crime and hate speech motivated by racism, xenophobia or religious intolerance, or bias against a person’s disability, sexual orientation, gender identity or minority status; calls on the Commission and the Member States to adopt and implement effective measures to combat all forms of racism, with the full inclusion of civil society and with the contribution of relevant stakeholders, such as the EU Agency for Fundamental Rights;

Added89. Denounces the excessive and routine use of accelerated legislative procedures in Hungary, with a significant proportion of laws being adopted without adequate consultation, undermining principles of better law-making, transparency, inclusiveness and democratic oversight;

Removed26. Condemns the fact that some Member States have adopted laws, policies and practices that undermine the effective protection of the fundamental rights of refugees, asylum seekers and migrants, on land and at sea; calls on the Commission and the Member States to put the fundamental rights of migrants, asylum seekers and refugees, as well as the principle of responsibility-sharing, at the centre of its migration and asylum policies, to ensure that people’s rights to asylum and international protection are upheld;

Added90. Encourages the Member States to ensure a balanced framework that supports accountability and transparency for all entities seeking to influence public policy, while allowing civil society to operate freely, safely and effectively; is concerned by the growing legal and financial restrictions, smear campaigns, and criminalisation of civil society organisations and human rights defenders, including the unwarranted criminalisation of civil society activities; calls on the Member States to refrain from disproportionate restrictions on freedom of assembly and association; reiterates the importance of fully implementing the Anti-SLAPP Directive and Commission Recommendation (EU) 2022/758 to protect CSOs; stresses that reporting requirements for NGOs must not exceed those strictly necessary and proportionate to the specific aims pursued;

Removed27. Welcomes the Commission’s decision to maintain its proposal for an equal treatment directive and urges the Council to finalise and adopt it without further delay;

Added91. Stresses that transparency and accountability in the use of EU funds are vital components of the rule of law; stresses that reporting obligations and transparency should be in place to ensure that EU money is well spent, while avoiding unnecessary burdens on organisations; considers that the current EU legislation on scrutiny, due diligence and transparency constitutes a solid basis, and underlines that the EU should remain ready to review and reinforce the framework should shortcomings be identified; calls on the Member States and the Commission to ensure the allocation of adequate and sustainable financial resources for civil society organisations and human rights defenders, in accordance with clear eligibility criteria and oversight mechanisms that would fully comply with existing transparency, accountability and spending rules, particularly in the context of shrinking civic space and increasing administrative burdens; in this regard, considers that the Commission and the Member States should provide adequate and consistent funding, matched to its objectives, for actors working to promote fundamental rights, democracy and the rule of law, and underlines that access to EU funding must be fair, transparent and non-discriminatory; recalls that funding decisions must be based on objective, transparent and non-discriminatory criteria, in accordance with the Treaties and the Financial Regulation, ensuring sound financial management and the protection of the EU’s financial interests;

Removed28. Calls on the Commission and the Member States to take effective action against gender-based violence, which should be added to the list of ‘EU crimes’, and calls for an EU legislative proposal on combating rape as defined by the lack of consent;

Added92. Stresses the importance of academic freedom as an integral aspect of the rule of law and urges the Member States to protect universities from undue political influence or control over academic governance, and to ensure institutional autonomy; encourages the Member States to foster a culture of the rule of law through awareness campaigns, outreach initiatives and action promoting democratic values and principles;

Removed29. Reiterates its call for access to safe, legal abortion to be enshrined in the Charter;

AddedFundamental rights, equality and non-discrimination

Added93. Stresses that the protection and promotion of fundamental rights constitute an essential pillar of the rule of law and a core obligation for all Member States under Article 2 TEU; underlines that these rights must be safeguarded equally for all individuals without discrimination through transparent legislative processes, effective judicial remedies and independent oversight mechanisms; highlights that the rule of law and fundamental rights are mutually reinforcing, and that breaches of the rule of law directly undermine the enjoyment of fundamental rights;

Added94. Stresses that any restriction on fundamental rights and freedoms must comply with Article 52(1) of the Charter and condemns legislative practices that result in excessive complexity, legal uncertainty or a lack of intelligibility for citizens;

Added95. Underlines that Member States’ legal frameworks must guarantee equality before the law and the right not to be discriminated against, including in judicial proceedings; calls on the Commission to act decisively in cases of non-compliance; stresses that any measures affecting the free movement of persons, residence rights or family reunification must comply with applicable EU law and the Charter, including the principle of non-discrimination laid down in Article 21 thereof;

Added96. Recalls that effective access to social protection, adequate minimum income and non-discriminatory public services is crucial for the equal exercise of rights; calls on the Commission to consider how social exclusion, extreme poverty and lack of housing hinder effective access to justice and the practical enjoyment of rights;

Added97. Welcomes the LGBTIQ+ equality strategy 2026-2030 as a key framework for advancing equality and non-discrimination across the EU, in particular through improved implementation of EU equality law, protection and safety of LGBTIQ+ persons and activists, strengthening monitoring and accountability mechanisms, awareness-raising and training of key professionals; urges the Commission to present a proposal for a binding EU ban on conversion practices in all Member States;

Added98. Is deeply concerned about the discriminatory measures introduced in some Member States under the pretext of fighting the so-called ‘LGBTIQ propaganda’ and ‘gender ideology’; recalls the Opinion of the Advocate General in Case C-769/22 finding that such legislation, where not objectively, scientifically and proportionately justified, is incompatible with EU law and the Charter; underlines that these measures reinforce stigmatisation, interfere with the prohibition of discrimination, with freedom of expression and information, and violate private and family life and human dignity, and cannot be justified by the reasons put forward by the Member State; stresses that systematic discrimination against LGBTIQ+ persons calls into question the values enshrined in Article 2 TEU and affects the EU’s legal order as a whole; stresses that the Commission must act swiftly and decisively when Member States circumvent EU law, in particular the Charter of fundamental rights, including via accelerated infringement procedures and interim measures; condemns discriminatory constitutional reforms affecting gender equality and LGBTIQ+ rights;

Added99. Deplores the lack of progress in equality and non-discrimination policies in some Member States and persistent gaps in the implementation of existing EU anti-discrimination legislation; highlights that intersectional discrimination against individuals belonging to multiple vulnerable groups remains a problem in several Member States, with varying degrees of legal recognition and protection, and is insufficiently addressed under current EU equality and non-discrimination frameworks; urges the Council to reach agreement on the horizontal anti-discrimination directive without delay; calls for continued EU action to combat discrimination and hate crimes targeting LGBTIQ+ persons, women, minors, persons with disabilities, elderly people, migrants, and persons belonging to minorities so as to ensure effective access to justice and legal remedies for victims;

Added100. Calls on all Member States to protect LGBTIQ+ rights in full compliance with EU law, the Charter, and relevant CJEU and ECtHR case-law; recalls that legal barriers to recognising same-sex partnerships or parenthood across borders persist in several Member States, violating the principles of free movement and non-discrimination; calls on the Commission to closely monitor Member States’ compliance with CJEU case-law, in particular the judgments in Cases C-673/16 and C-713/23, and to launch infringement procedures where necessary; welcomes the Commission's proposal on the recognition of parenthood and calls on the Council to adopt it swiftly, in the best interests of the child and with a view to ensuring legal certainty across the EU;

Added101. Calls on all Member States to introduce legal recognition of same-sex partnerships, in line with the case-law of the European Court of Human Rights;

Added102. Stresses that the absence of accessible legal gender recognition procedures constitutes a violation of fundamental rights; calls on all Member States to guarantee legal recognition of gender identity based on self-determination, ensure mutual recognition across borders and protect personal data, in line with the case-law of the European Court of Human Rights;

Added103. Expresses alarm at the surge in all forms of religious hatred, racism, xenophobia, and other forms of discrimination across the EU; calls on Member States to ensure equal protection before the law for all minorities;

Added104. Expresses deep concern at the rising levels of antisemitism in the EU, noting that many Jewish people report experiencing antisemitic hostility both online and offline, affecting their daily lives and sense of safety; calls on Member States to take effective measures to address and prevent antisemitic acts and rhetoric;

Added105. Expresses deep concern at the rising levels of Islamophobia and anti-Muslim hatred in the EU, noting that many Muslims experience racism, hate crimes, harassment, and discriminatory practices in their daily lives; calls on the Member States to take effective measures to prevent and address such acts and rhetoric;

Added106. Condemns incidents of hate crime and hate speech online and offline, motivated by any grounds of discrimination; calls on the Commission and the Member States to adopt and implement effective measures to combat all forms of racism, with the full inclusion of civil society and with the contribution of relevant stakeholders, such as the EU Agency for Fundamental Rights; calls for strengthened prevention, investigation, prosecution and victim support, with the full involvement of civil society and equality bodies; highlights the lack of comprehensive EU legislation and calls for hate speech and hate crime to be included among EU crimes under Article 83(1) TFEU, including when based on sexual orientation, gender identity or expression;

Added107. Is concerned about the backlog in the protection of the rights of persons belonging to minorities, which are increasingly overlooked; calls on Member States to ensure that their legal frameworks and policies do not result in discrimination; recalls Parliament’s proposal to include the protection of minority rights in the rule of law report and calls on the Commission to propose EU measures to safeguard minority and language rights, including through EU accession to the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages;

Added108. Highlights the widespread discrimination faced by Roma communities, including antigypsyism, segregation in housing, education and access to services, and securitisation practices; calls for targeted measures, stronger monitoring and accountability mechanisms, and the meaningful involvement of Roma civil society, including in EU accession processes;

Added109. Calls on the Commission to address racial and ethnic discrimination, including racial profiling, in the context of the rule-of-law assessment, including through effective investigations, disaggregated data collection and publication in line with fundamental rights standards, and the involvement of civil society; underlines the relevance of addressing discrimination on intersecting grounds within a comprehensive fundamental rights framework;

Added110. Calls for effective safeguards to ensure a safe online space and to tackle hatred, discrimination and disinformation; stresses the need for the full, rights-based application of the DSA, Digital Markets Act (DMA), the AI Act, the Anti-SLAPP Directive and the EMFA;

Added111. Highlights that the lack of progress towards community-based services for persons with disabilities raises serious concerns regarding compliance with fundamental rights obligations;

Added112. Reiterates the obligation of Member States to respect EU and international law in the field of migration and asylum on land and at sea; calls on the Commission and the Member States to ensure that migration and asylum policies, including the Pact on Migration and Asylum, are implemented in full compliance with the Charter, the principle of non-refoulment and the principle of responsibility-sharing to ensure that people’s rights to asylum and international protection are upheld; reiterates that practices such as stopping asylum seekers and forcibly returning them to the country they entered from without carrying out an individual assessment, arbitrary detention and obstruction of humanitarian aid are contrary to EU and international law;

Added113. Calls on Member States to implement migration and asylum policies in full compliance with the Treaties, the Charter and applicable international law; stresses that all persons on EU territory are entitled to respect for their human dignity, must not be subjected to inhuman or degrading treatment, and are equal before the law without discrimination on any grounds, including nationality or migration status;

Added114. Considers that the findings of the EU Agency for Fundamental Rights and the case-law of the CJEU provide a reliable basis for interpreting Article 2 TEU and the scope of Charter rights;

Added115. Welcomes the Commission’s decision to maintain its proposal for an equal treatment directive and urges the Council to finalise and adopt it without further delay noting that it is essential to closing gaps in EU anti-discrimination protection;

Added116. Calls on the Commission and the Member States to take effective action against gender-based violence, online and offline, including adding it to the list of ‘EU crimes’; urges an EU legislative proposal on combating rape as defined by the lack of consent, the full implementation of EU rules on violence against women, and the ratification of the Istanbul Convention by all Member States; expresses concern about anti-gender movements and disinformation undermining gender equality;

Added117. Reiterates its call for access to safe and legal abortion to be enshrined in the Charter of Fundamental Rights of the European Union; underlines that sexual and reproductive health and rights are an integral part of equality and the fight against gender-based violence;

The rule of law and the EU budget

Change 14

Changed30.118. Is deeply concerned about reports from civil society organisations indicating that certain rule of law and fundamental rights violations facilitatedmay byhave orbeen linked to the use of some EU funds in some Member States,States; notablycalls inon the areasCommission ofto housingthoroughly andinvestigate educationalwhether segregation,such receptionviolations conditionsare foroccurring asylumin seekers,EU-funded theprogrammes institutionalisationor ofprojects personsand, withwhere disabilitiessuch andviolations ofare children,established, to consider the relevant enabling conditions and certainRecovery urbanand regenerationResilience initiatives;Facility milestones as unfulfilled; further calls on the Commission to include recommendations addressing these violations in its annual rule of law report; proposes that a specific share of EU funds be earmarked for the independent monitoring of EU-funded actions, including assessments of their legal and fundamental rights impacts,report, asand, wellwhere asdeficiencies forpersist, legalto research,suspend strategicfurther litigationpayments anduntil the independent evaluation of potential violations, with strong involvement ofidentified civildeficiencies societyare organisations;remedied;

Change 15

Removed31. Insists that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the Recovery and Resilience Facility Regulation and the Rule of Law Conditionality Regulation, must be assessed coherently as an integral package and that no payments should be made while deficiencies persist; believes that the Commission should take further action under the Rule of Law Conditionality Regulation as regards other breaches of the rule of law, such as those related to the judiciary;

Added119. Invites the Commission and the Member States to strengthen independent monitoring arrangements for EU-funded actions, including through legal and fundamental rights impact assessments and independent evaluations with the involvement of civil society, while safeguarding effective access to justice, in order to ensure compliance with EU law and the Charter; encourages the allocation of adequate resources to support such monitoring;

Removed32. Welcomes the suggestion in the Commission’s proposal for the 2028-2034 multiannual financial framework to make nearly half of funds conditional upon compliance with the rule of law and the Charter before their approval;

Added120. Stresses that the protection of the rule of law is indispensable to safeguarding the Union’s financial interests; underlines that independent judicial systems, effective anti-corruption frameworks and transparent administrative procedures are essential to ensure that EU funds are managed, allocated and spent in line with the principles of sound financial management; calls for proper funding for bodies such as the EPPO and OLAF to ensure their capacity to effectively investigate, prosecute and bring to justice criminal offences affecting the Union’s financial interests, in view of their impact on the rule of law;

Added121. Stresses the need to enhance synergies between the various rule of law tools and their link to the EU budget, and to strengthen the links between the recommendations addressing the most persistent violations in the annual rule of law report and budgetary tools; deplores the lack of detail in the 2025 Rule of Law Report on how this link is made, notably in its recommendations;

Added122. Insists that the measures required for the release of EU funding, as defined by the relevant decisions taken under the Common Provisions Regulation, the Recovery and Resilience Facility Regulation and the Rule of Law Conditionality Regulation, must be assessed consistently as part of the same seamless and coherent toolbox and that no payments should be made while deficiencies persist; insists that any backsliding should also be taken into account and addressed in order to prevent the occurrence of similar situations or further backsliding in the future; calls on the Commission to ensure that such assessments remain strictly impartial, free from instrumentalisation, and based solely on compliance with rule-of-law standards; recalls that any proposal to lift budgetary measures should be based on solid, comprehensive, and up-to-date information in line with the Advocate General’s Opinion in Case C-225/24, which underlined that each condition for disbursement should be made public to ensure transparency and accountability; notes that the Commission’s annual rule of law report provides an essential factual basis for identifying systemic challenges that may affect the proper implementation of the EU budget; calls on the Commission to set out and publish clear and detailed criteria for assessing the budgetary implications of rule of law deficiencies, including for interruptions, suspensions and the reprogramming of EU funds, and to ensure timely and non-selective decision-making across all Member States;

Added123. Reiterates that the Rule of Law Conditionality Mechanism forms an integral part of the Union’s financial governance toolbox; recalls that the Conditionality Regulation has been a key tool in protecting the EU’s financial interests against breaches of the rule of law and should be applied whenever its legal conditions are met across the entire EU budget; calls for the consistent, effective, timely and impartial application of the Conditionality Regulation, including the proactive use of Article 6(4) thereof where warranted, while respecting the principle of proportionality; regrets the Commission’s interpretation that the Conditionality Regulation should be used only as a measure of last resort;