A draft report on the state of the rule of law in 2023 endorsed by the Committee on Civil Liberties on Tuesday paints a concerning picture of the state of European values.
Reacting to the latest Commission’s annual rule of law report, MEPs are deeply concerned that democracy, the rule of law, and fundamental rights across the EU are eroding, in a draft report adopted with 42 votes in favour, 10 against, and two abstentions. They also criticise specific countries where significant problems are identified.
Institutions under threat
MEPs mentioned critical issues in the text concerning EU member states.
In Slovakia, they are concerned about justice and prosecutorial systems, including reforms. The situation regarding media pluralism and freedom, including the planned restructuring of the Radio and Television, also concerns MEPs.
Malta represents a significant problem regarding the “golden passport” scheme. Also, the public inquiry identified a culture of impunity in the assassination of journalist Daphne Caruana Galizia.
The state of independent authorities, including recent developments in Greece on the use of spyware, is also a crucial matter.
Journalists are under threat in some EU member states, say MEPs, and they must be protected. They expressed concern about SLAPPs and spyware, most notably in Malta, Slovakia, and Greece, as well as issues in France following the recent detention of a reporter and the illegal wiretapping of a Dutch journalist.
MEPs underlined the major obstacles whistleblowers face when investigating corruption cases.
The amnesty law in Spain is also among the issues MEPs consider critical.
They want all member states to regulate lobbying and ask for the discriminatory practices and the concentration of business in the hands of oligarchs in Hungary to be addressed.
Dangers for persons and civil society
MEPs highlight the Slovakian government’s plans to restrict the work of NGOs and stigmatise organisations receiving foreign funding. They take stock of the excessive use of force by police, e.g. the unregulated use of “less lethal weapons”, mass detentions in France, and the disproportionate use of force against demonstrators, as well as the killings of three young Roma in Greece.
In the adopted text, MEPs deplore the lack of adequate rules in some countries for the recognition of same-sex partnerships and legal gender, the lack of progress on the banning of ‘conversion practices’, female and intersex genital mutilation and forced sterilisation, as well as inaction on EU rules to tackle violence against women and girls.
The draft report also deplores the deaths of refugees and migrants at sea, often victims of human trafficking, and MEPs remind member states of their obligations under international law to help people in distress.
Need for a more robust approach
MEPs acknowledge that the Commission rule of law report has become a benchmark. Nevertheless, they deplore that essential elements from Parliament’s 2016 legislative initiative report are still missing, express concern that the Commission is too diplomatic and imprecise occasionally, and call once again to create a comprehensive mechanism.
Rapporteur Sophie in ’t Veld (Renew, Netherlands) commented: “There is a gap between what the European Commission reports on the rule of law in the EU, and what it does about it. The European Parliament calls on the member states and the Commission to respect and enforce democracy, the rule of law and fundamental rights. Time to end the backsliding.”
The draft report is set to be voted on in plenary in the upcoming February I plenary session on 5 – 8 February.
