Europaudvalget 2023-24
KOM (2024) 0800 Bilag 1
Offentligt
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EUROPEAN
COMMISSION
Brussels, 24.7.2024
COM(2024) 800 final
ANNEX
ANNEX
to the
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL
COMMITTEE AND THE COMMITTEE OF THE REGIONS
2024 Rule of Law Report
The rule of law situation in the European Union
{SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} -
{SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} -
{SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} -
{SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} -
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{SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} -
{SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} -
{SWD(2024) 822 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} -
{SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} -
{SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} -
{SWD(2024) 831 final}
EN
EN
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ECOMMENDATIONS FOR
B
ELGIUM
Overall, concerning the recommendations in the 2023 Rule of Law Report, Belgium has
made:
•
Some further progress on efforts to provide adequate human and financial resources for
the justice system as a whole, taking into account European standards on resources for the
justice system.
No progress on strengthening the integrity framework, including by adopting rules on
gifts and benefits for members of Parliament and by strengthening rule of revolving doors
for Government and their private offices.
Some progress on completing the legislative reform on lobbying, establishing a
framework including a transparency register and a legislative footprint, covering both
members of Parliament and Government.
Some further progress on efforts to strengthen the framework for access to official
documents, in particular by improving request and appeal processes, taking into account
European standards on access to official documents.
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Belgium to:
•
•
•
Continue efforts to address the structural resource deficiencies in the justice system,
taking into account European standards on resources for the justice system.
Strengthen efforts to improve the efficiency of justice, particularly to reduce the length of
proceedings based on comprehensive statistical data.
Strengthen the integrity framework, including by adopting rules on gifts and benefits for
members of Parliament and rules on revolving doors for government and their private
offices.
Complete the legislative reform on lobbying, establishing a framework including a
transparency register and a legislative footprint, covering both members of Parliament
and Government.
Further continue efforts to strengthen the framework for access to official documents, in
particular by improving request and appeal processes, taking into account European
standards on access to official documents.
Take measures to ensure compliance by public authorities with final rulings of national
courts and the European Court of Human Rights.
•
•
•
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ECOMMENDATIONS FOR
B
ULGARIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Bulgaria has
(made):
•
•
Some further progress on taking steps to adapt the relevant legislative framework to avoid
long-term secondment of judges to fill in vacant positions, taking into account European
standards on secondment of judges.
Some progress on advancing with the preparation of legislative amendments aiming at
improving the functioning of the Inspectorate to the Supreme Judicial Council and
avoiding the risk of political influence, in particular by involving judicial bodies in the
selection of its members.
Fully implemented the recommendation to step up efforts to adapt the composition of the
Supreme Judicial Council, taking into account European standards on Councils for the
Judiciary.
No progress yet on ensuring an improved effectiveness of investigations and a robust
track record of prosecution and final judgments in high-level corruption cases and
significant progress on the institutional reforms of the Anti-Corruption Commission.
No progress on improving the integrity of top executive functions, taking into account
European standards, in particular by ensuring that clear integrity standards for the
Government as well as an appropriate sanctioning mechanism are in place.
Some further progress on advancing with the work aimed at improving transparency in
the allocation of state advertising, in particular with regard to state advertising contracted
through intermediaries, such as media agencies.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan and the relevant country-specific recommendations under the European
Semester, it is recommended to Bulgaria to:
•
•
•
Take steps to adapt the relevant legislative framework to avoid long-term secondment of
judges to fill in vacant positions, taking into account European standards on secondment
of judges.
Advance with the draft legislative amendments aiming at improving the functioning of
the Inspectorate to the Supreme Judicial Council and avoiding the risk of political
influence, in particular by involving judicial bodies in the selection of its members.
Take forward the plans to adopt a mechanism for introducing safeguards in the
appointment procedure of the Parliament-elected members of the Supreme Prosecutorial
Council, ensuring their independence and taking into account European standards,
particularly in view of the Council’s role in the appointment and dismissal of the
Prosecutor General.
Ensure a robust track record of investigations, prosecutions and final judgments in high-
level corruption cases and the effective performance of the Anti-Corruption Commission.
Improve the integrity of top executive functions, taking into account European standards,
in particular by ensuring that clear integrity standards for the Government as well as an
appropriate sanctioning mechanism are in place.
Further advance with the work aimed at improving transparency in the allocation of state
advertising, in particular with regard to state advertising contracted through
intermediaries, such as media agencies.
•
•
•
2
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ECOMMENDATIONS
F
OR
C
ZECHIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Czechia has
made:
•
Significant progress on continuing to advance the reform of the prosecution service
retaining the original aim to introduce safeguards for the dismissal of the Prosecutor
General and other chief public prosecutors, taking into account European standards on the
independence and autonomy of the prosecution.
Some progress on taking measures on reducing the length of proceedings and ensure
independence of investigation and prosecution in high-level corruption cases.
Some progress on strengthening the integrity framework for members of Parliament, in
particular by complementing the existing rules as regards revolving doors and lobbying.
Significant progress on completing the revision of legislation on conflicts of interest,
including by clarifying the definition of beneficial ownership and no further progress in
relation to further reforms relating to transparency of information on media ownership.
Significant progress on strengthening the rules and mechanisms to enhance the
independent governance of public service media taking into account European standards
on public service media.
Some further progress on advancing the legislative changes to establish a National
Human Rights Institution taking into account the UN Paris Principles.
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Czechia to:
•
•
•
•
•
•
Take measures to address the remuneration of judges, and judicial and prosecutorial staff,
taking into account European standards on resources and remuneration for the justice
system.
Take measures to reduce the length of proceedings and ensure independence of
investigation and prosecution in high-level corruption cases.
Take further measures to strengthen the integrity framework for all members of
Parliament, in particular by complementing the existing rules as regards revolving doors
and lobbying.
Progress with further reforms relating to transparency of information on media
ownership.
Ensure that rules or mechanisms are in place to provide funding for public service media
that is appropriate for the realisation of its public service remit while guaranteeing its
independence.
Continue to advance the legislative changes to establish a National Human Rights
Institution taking into account the UN Paris Principles.
3
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ECOMMENDATIONS FOR
D
ENMARK
Overall, concerning the recommendations in the 2023 Rule of Law Report, Denmark has
(made):
•
Fully implemented the recommendation to ensure adequate human and financial
resources for the justice system in the next multiannual framework, taking into account
European standards on resources for the justice system.
No progress on introducing rules on ‘revolving doors’ for ministers and on lobbying and
ensure adequate control of asset declarations submitted by persons entrusted with top
executive functions.
Significant progress on ensuring the collection of data on investigations and prosecutions
of corruption-related offences at national and local level.
Some progress on the process to reform the Access to Public Administrative Documents
Act in order to strengthen the right to access documents, in particular by limiting the
grounds for rejection of disclosure requests, taking into account the European standards
on access to official documents.
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Denmark to:
•
•
•
Complete the review of the legal aid system, taking into account European standards on
legal aid.
Introduce rules on ‘revolving doors’ for ministers and on lobbying and ensure adequate
control of asset declarations submitted by persons entrusted with top executive functions.
Advance with the process to reform the Access to Public Administrative Documents Act
in order to strengthen the right to access documents, in particular by limiting the grounds
for rejection of disclosure requests, taking into account the European standards on access
to official documents.
4
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ECOMMENDATIONS
F
OR
G
ERMANY
Overall, concerning the recommendations in the 2023 Rule of Law Report, Germany has
made:
•
Some progress on stepping up efforts to ensure adequate resources for the justice system,
including on the level of remuneration for judges, taking into account European standards
on resources and remuneration for the justice system.
Some progress on proceeding with plans to introduce a ‘legislative footprint’ to allow for
the monitoring and tracing of all interest representatives who seek to influence and
contribute to specific legislative texts.
Some further progress on strengthening the existing rules on revolving doors by
increasing consistency of the different applicable rules, the transparency of authorisations
for future employment of high-ranking public officials, and the length of cooling-off
periods for federal ministers and federal parliamentary state secretaries.
No further progress on advancing with the plan to create a legal basis for a right to
information of the press as regards federal authorities, taking into account European
standards on access to official document.
No progress yet on taking forward the plan to adapt the tax-exempt status for non-profit
organisations with a view to address the challenges which the currently applicable rules
present for their operation in practice, taking into account European standards on funding
for civil society organisations.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Germany to:
•
•
Take measures to ensure an adequate level of remuneration for judges and prosecutors,
taking into account European standards on remuneration for the justice system.
Further strengthen the ‘legislative footprint’ by disclosing all interest representatives’
inputs to legislation and by extending the scope to the parliamentary phase of the
legislative procedure.
Strengthen the existing rules on revolving doors by increasing the length of cooling-off
periods for federal ministers and federal parliamentary state secretaries.
Advance with the plan to create a legal basis for a right to information of the press as
regards federal authorities, taking into account European standards on access to official
documents.
Take forward the plan to adapt the tax-exempt status for non-profit organisations with a
view to address the challenges which the currently applicable rules present for their
operation in practice, taking into account European standards on funding for civil society
organisations.
•
•
•
5
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ECOMMENDATIONS
F
OR
E
STONIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Estonia has made:
•
•
Some further progress on ensuring that the guidelines on the conflict of interests are
subject to an enforcement mechanism.
Some further progress on efforts to ensure consistent and effective implementation of the
right of access to information, taking into account European standards on access to
official documents.
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Estonia to:
•
•
Continue the efforts to reform the Council for the Administration of Courts, taking into
account European Standards on councils for the judiciary.
Advance with the efforts to ensure consistent and effective implementation of the right of
access to information taking into account European standards on access to official
documents.
Ensure effective public consultation in the context of the legislative process.
•
6
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ECOMMENDATIONS FOR
I
RELAND
Overall, concerning the recommendations in the 2023 Rule of Law Report, Ireland has made:
•
Significant progress on ensuring that the reform of the appointment and promotion of
judges, as regards the composition of the Judicial Appointment Commission, is taking
into account European standards on judicial appointments.
Some progress on continuing actions aimed at reducing litigation costs to ensure effective
access to justice, taking into account European standards on disproportionate costs of
litigation and their impact on access to courts.
Fully implemented the recommendation on lobbying, made some progress on
strengthening the existing ethics framework, including the monitoring and enforcement
capacity of the Standards in Public Office Commission, but not on the strengthening and
digitalisation of the asset declarations system.
Significant progress on the reform of the Defamation Act to improve the professional
environment for journalists taking into account European standards on the protection of
journalists.
Some further progress on taking measures to address legal obstacles related to access to
funding for civil society organisations, as part of the reform of the Electoral Act.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Ireland to:
•
Take forward the necessary legislative work aimed at reducing litigation costs to ensure
effective access to justice, taking into account European standards on disproportionate
costs of litigation and their impact on access to courts.
Further strengthen the existing ethics framework, including the monitoring and
enforcement capacity of the Standards in Public Office Commission, and strengthen and
digitalise the asset declarations system.
Complete the reform of the Defamation Act to improve the professional environment for
journalists taking into account European standards on the protection of journalists.
Ensure that rules or mechanisms are in place to provide funding for public service media
that is appropriate for the realisation of its public service remit while guaranteeing its
independence.
Further continue efforts to address legal obstacles related to access to funding for civil
society organisations, as part of the reform of the Electoral Act.
•
•
•
•
7
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ECOMMENDATIONS
F
OR
G
REECE
Overall, concerning the recommendations in the 2023 Rule of Law Report, Greece has
(made):
•
Fully implemented the recommendation to address the need for involvement of the
judiciary in the appointment of President and Vice-President of the Council of State, the
Supreme Court and the Court of Audit taking into account European standards on judicial
appointments.
Some further progress on stepping up efforts to establish a robust track record of
prosecutions and final judgments in corruption cases, including high-level corruption.
Some further progress on taking forward the process of adopting non-legislative
safeguards and significant progress on starting the legislative process in relation to the
protection of journalists, building on the activities initiated by the Task Force, in
particular as regards abusive lawsuits against journalists and their safety, in line with the
adopted Memorandum of Understanding and taking into account European standards on
the protection of journalists.
Some progress on ensuring the effective and timely consultation in practice of
stakeholders on draft legislation, including by allowing sufficient time for public
consultation.
Some further progress on taking further steps to evaluate the current registration system
for civil society organisations, including by initiating a structured dialogue with CSOs,
and assess whether there is a need to amend it.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Greece to:
•
•
Continue efforts to establish a robust track record of prosecutions and final judgments in
corruption cases, including high-level corruption.
Further advance with the process of adopting legislative and non-legislative safeguards to
improve the protection of journalists, in particular as regards abusive lawsuits against
journalists and their safety, in line with the adopted Memorandum of Understanding and
taking into account European standards on the protection of journalists.
Step up the efforts to ensure the effective and timely consultation in practice of
stakeholders on draft legislation, including by observing the statutory timeframe for
public consultation.
Strengthen efforts to evaluate the current legal framework for the registration system for
civil society organisations and assess whether there is a need to amend it, while moving
forward with a structured dialogue with CSOs.
•
•
8
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ECOMMENDATIONS
F
OR
S
PAIN
Overall, concerning the recommendations in the 2023 Rule of Law Report, Spain has (made):
•
Some progress on strengthening the statute of the Prosecutor General, but not regarding
the separation of the terms of office of the Prosecutor General from that of the
Government, taking into account European standards on independence and autonomy of
the prosecution.
Significant progress on renewing the Council for the Judiciary as a matter of priority and
initiating, immediately after the renewal, a process in view of adapting the appointment of
its judges-members, taking into account European standards on Councils for the
Judiciary.
No further progress on proceeding to adopt legislation on lobbying, including the
establishment of a mandatory public register of lobbyists.
Some progress on stepping up efforts to address the challenges related to the length of
investigations and prosecutions to increase the efficiency in handling high-level
corruption cases, including by finalising the reform of the Code of Criminal Procedure.
No progress on strengthening the rules on conflicts of interest and asset declarations of
persons with top executive functions by reinforcing the sanctioning power of the Office
for Conflicts of Interest.
No further progress on strengthening access to information, in particular via revision of
the Law on Official Secrets, taking into account European standards on access to official
documents.
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Spain to:
•
Continue to strengthen the statute of the Prosecutor General, in particular regarding the
separation of the terms of office of the Prosecutor General from that of the Government,
taking into account European standards on independence and autonomy of the
prosecution.
Building on the agreement of 25 June 2024, finalise the renewal of the Council for the
Judiciary and take forward the process in view of adapting the appointment procedure of
its judges-members, taking into account European standards on Councils for the
Judiciary.
Proceed to adopt legislation on lobbying, including the establishment of a mandatory
public register of lobbyists.
Step up efforts to address the challenges related to the length of investigations and
prosecutions to increase the efficiency in handling high-level corruption cases, including
by finalising the reform of the Code of Criminal Procedure.
Strengthen the rules on conflicts of interest and asset declarations of persons with top
executive functions, including by reinforcing the independence and sanctioning power of
the Office for Conflicts of Interest.
Advance with strengthening access to information, in particular via revision of the Law
on Official Secrets, taking into account European standards on access to official
documents.
•
•
•
•
•
9
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ECOMMENDATIONS
F
OR
F
RANCE
Overall, concerning the recommendations in the 2023 Rule of Law Report, France has made:
•
•
Some further progress on completing ongoing projects aimed at full digitalisation of civil
and criminal court proceedings.
Significant further progress on ensuring adequate human resources for the justice system,
particularly by completing the development of the workload measuring tools to better
evaluate the needs.
Some progress on ensuring that rules on lobbying activities are consistently applied to all
relevant actors, including at top executive level.
No progress in stepping up efforts to improve the transparency of media ownership, in
particular, complex shareholding structures, building on the existing legal safeguards.
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to France to:
•
•
•
Further continue efforts to complete ongoing projects aimed at full digitalisation of civil
and criminal court proceedings.
Step up efforts to ensure that rules on lobbying activities are consistently applied to all
relevant actors, including at top executive level.
Step up efforts to improve the transparency of media ownership, in particular, complex
shareholding structures, building on the existing legal safeguards.
10
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ECOMMENDATIONS
F
OR
C
ROATIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Croatia has made:
•
•
•
Significant progress on continuing structural efforts to address the remuneration of
judges, state attorneys and judicial staff, taking into account European standards on
resources and remuneration for the justice system.
Significant progress on adopting comprehensive legislation in the area of lobbying,
including on persons with top executive positions, and set up a public register of
lobbyists.
Some progress to increase the efficiency of investigations and prosecution of corruption
offences, but not on revising the Criminal Procedure Code and the Law on the Office for
the Suppression of Corruption and Organised Crime, as set out in the Anti-Corruption
Strategy.
No progress on advancing with strengthening the framework for a fair and transparent
allocation of state advertising, by establishing clear criteria, good practices and oversight
measures to guarantee the effective functioning of the public tender procedure for local
and regional media.
Some further progress on the recommendation to make further efforts to address the issue
of strategic lawsuits against public participation targeted at journalists, including by
reviewing the legal provisions on defamation and encouraging wider use of procedural
rules that allow dismissing groundless lawsuits, taking into account the European
standards on the protection of journalists.
Some further progress was made on further improving the follow-up to recommendations
and ensuring a more systematic response to information requests of the Ombudsperson.
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Croatia to:
•
•
•
Revise the Criminal Procedure Code and the Law on the Office for the Suppression of
Corruption and Organised Crime, in line with the Anti-Corruption Strategy, so as to
further increase the efficiency of investigations and prosecution of corruption offences.
Step up efforts to strengthen the legal framework and oversight mechanisms to ensure a
fair and transparent allocation of state advertising at national, regional and local level,
including the public tender procedure.
Continue efforts to address the issue of strategic lawsuits against public participation
targeted at journalists, including by reviewing the legal provisions on defamation and
encouraging wider use of procedural rules that allow dismissing groundless lawsuits,
taking into account the European standards on the protection of journalists.
Further improve the follow-up to recommendations and ensure a more systematic
response to information requests of the Ombudsperson.
•
11
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ECOMMENDATIONS FOR
I
TALY
Overall, concerning the recommendations in the 2023 Rule of Law Report, Italy has made:
•
•
Some further progress on continuing the efforts to further improve the level of
digitalisation for criminal courts and prosecutors’ offices.
Some further progress on adopting comprehensive conflicts of interest rules and no
further progress on adopting lobbying regulation to establish an operational lobbying
register, including a legislative footprint.
No further progress on effectively and swiftly addressing the practice of channeling
donations through political foundations and associations and introducing a single
electronic register for party and campaign finance information.
No further progress on continuing the legislative process to reform and introduce
safeguards for the regime on defamation, the protection of professional secrecy and
journalistic sources, taking into account the European standards on the protection of
journalists.
No further progress on continuing efforts to establish a National Human Rights Institution
taking into account the UN Paris Principles.
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Italy to:
•
•
Continue efforts to further improve the level of digitalisation for criminal courts and
prosecutors’ offices.
Adopt the pending legislative proposal on conflicts of interest and adopt comprehensive
rules on lobbying to establish an operational lobbying register, including a legislative
footprint.
Effectively and swiftly address the practice of channelling donations through political
foundations and associations and introduce single electronic register for party and
campaign finance information.
Continue the legislative process on the draft reform on defamation, the protection of
professional secrecy and journalistic sources while avoiding any risk of negative impacts
on press freedom and ensure it takes into account European standards on the protection of
journalists.
Ensure that rules or mechanisms are in place to provide funding for public service media
that is appropriate for the realisation of its public service remit and to guarantee its
independence.
Step up efforts to establish a National Human Rights Institution taking into account the
UN Paris Principles.
•
•
•
•
12
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ECOMMENDATIONS
F
OR
C
YPRUS
Overall, concerning the recommendations in the 2023 Rule of Law Report, Cyprus has made:
•
Some progress on strengthening the independence and the accountability of the
Prosecution Service, including by providing for a possibility of review of the decision of
the Attorney General not to prosecute or to discontinue proceedings, taking into account
European standards on independence and autonomy of the prosecution.
Some progress on ensuring that the recently established Independent Authority against
Corruption has the financial, human and technical resources to effectively perform its
competences.
Significant progress on introducing rules on asset disclosure for elected officials to
establish regular and comprehensive filing, combined with effective, regular and full
verifications.
No progress on adopting legislation to ensure fair and transparent distribution of
advertising expenditure by the state and state-owned companies.
Some further progress on advancing with the process aimed at strengthening the rules and
mechanisms to enhance the independent governance of public service media taking into
account European standards on public service media.
Some further progress on proceeding with the adoption of the framework for the effective
and timely consultation of stakeholders in the legislative process and ensure its
implementation.
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Cyprus to:
•
Take forward plans to adopt legislation aiming to provide a clearer distinction between
the advisory and the prosecutorial functions of the Attorney General and take measures to
establish an effective review of its decisions not to prosecute or to discontinue
proceedings, taking into account European standards on independence and autonomy of
the prosecution.
Continue the efforts to ensure that the Independent Authority against Corruption has the
human and technical resources to effectively perform its competences.
Ensure the effective implementation of rules on asset disclosure for elected officials to
establish regular and comprehensive filing, combined with effective, regular and full
verifications.
Adopt legislation to ensure fair and transparent distribution of advertising expenditure by
the state and state-owned companies.
Further advance with the process aimed at strengthening the rules and mechanisms to
enhance the independent governance of public service media taking into account
European standards on public service media.
Continue efforts to ensure the effective and timely consultation of stakeholders in the
legislative process and address shortcomings.
•
•
•
•
•
13
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ECOMMENDATIONS
F
OR
L
ATVIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Latvia has made:
•
•
No progress on taking measures to ensure adequate safeguards against undue political
influence in the appointment of Supreme Court judges, taking into account European
standards on judicial appointments.
Some further progress on ensuring the effective implementation of the legislation on
lobbying, including the setting-up of a special lobby register.
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Latvia to:
•
•
Take measures to ensure adequate safeguards against undue political influence in the
existing appointment procedure for Supreme Court judges, taking into account European
standards on judicial appointments.
Continue work on the effective implementation of the legislation on lobbying, including
the setting up of a special lobby register.
14
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ECOMMENDATIONS FOR
L
ITHUANIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Lithuania has
made:
•
Some further progress on continuing the reform of the legal aid system by ensuring
adequate conditions for the participation of legal aid providers, taking into account
European standards on legal aid.
Some further progress on continuing efforts to improve the transparency of the system of
appointments to judicial positions, notably to the Supreme Court, taking into account
European standards on judicial appointments.
Significant progress on continuing efforts to provide adequate resources for the justice
system, including on the level of remuneration for prosecutors and non-judicial staff,
taking into account European standards on resources and remuneration for the justice
system.
Significant progress on providing adequate human and financial resources for the
functioning of the Office of the Parliamentary Ombudspersons, taking into account
European standards on resources for Ombudsinstitutions and the UN Paris Principles.
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Lithuania to:
•
Finalise the reform of the legal aid system, in particular by reducing the administrative
burden and ensuring adequate conditions for the participation of legal aid providers,
taking into account European standards on legal aid.
Continue efforts to improve the transparency of the system of appointments to judicial
positions, notably to the Supreme Court, taking into account European standards on
judicial appointments.
Continue efforts to provide adequate human and financial resources for the justice
system, taking into account European standards on resources for the justice system.
•
•
15
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ECOMMENDATIONS FOR
L
UXEMBOURG
Overall, concerning the recommendations in the 2023 Rule of Law Report, Luxembourg has
(made):
•
•
Fully implemented the recommendation to continue with the process to adopt the reform
on making legal aid more accessible.
Significant progress on evaluating the implementation of the new legislation on lobbying
the Parliament and the functioning of the transparency register but no progress on
ensuring that it meets the transparency requirements set out in the Parliament’s rules of
procedures.
Some further progress on ensuring the implementation of measures adopted in relation to
the time for processing of requests for disclosure of official documents, taking into
account European standards on access to official documents.
Some progress on improving the legislative decision-making process by providing wider
possibilities for stakeholders to participate in public consultations.
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Luxembourg to:
•
•
•
•
Strengthen efforts to achieve full digitalisation of civil, criminal and administrative
proceedings.
Step up efforts to increase the information contained in the transparency register,
including by covering all the information set out in the Parliament’s rules of procedures.
Take forward the reform of the legal framework for the disclosure of official documents,
taking into account European standards on access to official documents.
Improve the legislative decision-making process notably at the level of Parliament by
increasing the transparency and involvement of stakeholders in the public consultations.
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ECOMMENDATIONS FOR
H
UNGARY
Overall, concerning the recommendations in the 2023 Rule of Law Report, Hungary has
made:
•
•
No progress on improving the transparency of case allocation systems in lower-instance
courts, taking into account European standards on case allocation.
No progress on adopting comprehensive reforms on lobbying and revolving doors, and
further improve the system of asset declarations, providing for effective oversight and
enforcement.
No progress yet on establishing a robust track record of investigations, prosecutions and
final judgments for high-level corruption cases.
No progress on introducing mechanisms to enhance the functional independence of the
media regulator taking into account European standards on the independence of media
regulators.
No progress on strengthening the rules and mechanisms to enhance the independent
governance and editorial independence of public service media taking into account
European standards on public service media.
No progress on adopting legislation to ensure fair and transparent distribution of
advertising expenditure by the state and state-owned companies.
No progress on fostering a safe and enabling civic space and remove obstacles affecting
civil society organisations, including by repealing legislation that hampers their capacity
of working, in particular the immigration tax.
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
in addition to recalling the obligation to comply with the rule of law-related rulings of the
ECJ and the rule of law-related infringement procedures referred to in the country chapter,
the Commission’s assessment under the general regime of conditionality, the relevant
concerns raised in the Article 7(1) TEU procedure initiated by the European Parliament, the
relevant commitments made under the Recovery and Resilience Plan, and the relevant
country-specific recommendations under the European Semester, it is recommended to
Hungary to:
•
•
Improve the transparency of case allocation systems in lower-instance courts, taking into
account European standards on case allocation.
Take structural measures to increase the remuneration of judges, prosecutors, and judicial
and prosecutorial staff, taking into account European standards on remuneration for the
justice system.
Adopt comprehensive reforms on lobbying and revolving doors, and further improve the
system of asset declarations, providing for effective oversight and enforcement.
Establish a robust track record of investigations, prosecutions and final judgments for
high-level corruption cases.
Introduce mechanisms to enhance the functional independence of the media regulatory
authority taking into account European standards on the independence of media
regulators.
Adopt legislation to ensure fair and transparent distribution of advertising expenditure by
the state and state-owned companies.
•
•
•
•
17
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•
•
Strengthen the rules and mechanisms to enhance the independent governance and
editorial independence of public service media taking into account European standards on
public service media.
Remove obstacles affecting civil society organisations and foster a safe and enabling civic
space, including by repealing legislation that hampers their capacity of working, in
particular the immigration tax.
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ECOMMENDATIONS FOR
M
ALTA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Malta has made:
•
Some progress on addressing the need for involvement of the judiciary in the procedure
for appointment of the Chief Justice, taking into account European standards on judicial
appointments and the opinion of the Venice Commission.
Some further progress on strengthening efforts to improve the efficiency of justice,
particularly to reduce the length of proceedings.
Some progress on addressing challenges related to the length of investigations of high-
level corruption cases, and no progress on establishing a robust track record of final
judgments.
Some progress on adopting legislative and other safeguards to improve the working
environment of journalists, and no progress on access to official documents, taking into
account European standards on the protection of journalists and on access to official
documents.
No progress on strengthening the rules and mechanisms to enhance the independent
governance and editorial independence of public service media taking into account
European standards on public service media.
No progress yet on establishing a National Human Rights Institution taking into account
the UN Paris Principles.
Some progress on public participation in the legislative process, but no formal framework
has been established.
•
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Malta to:
•
•
•
•
Pursue the draft reform endorsed by the Government to involve the judiciary in the
procedure for appointment of the Chief Justice.
Further strengthen efforts to improve the efficiency of justice including by providing
additional resources, particularly to reduce the length of proceedings.
Continue efforts to address challenges related to the length of investigations of high-level
corruption cases and step up efforts to establish a robust track record of final judgments.
Adopt legislative and other safeguards to improve the working environment of journalists
including on access to official documents, taking into account European standards on the
protection of journalists and on access to official documents.
Strengthen the rules and mechanisms to enhance the independent governance and
editorial independence of public service media taking into account European standards on
public service media.
Step up measures to establish a National Human Rights Institution taking into account the
UN Paris Principles.
Introduce a formal framework for public participation in the legislative process.
•
•
•
19
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ECOMMENDATIONS FOR THE
N
ETHERLANDS
Overall, concerning the recommendations in the 2023 Rule of Law Report, the Netherlands
has made:
•
•
•
•
Some further progress on efforts to improve the level of digitalisation of the justice
system, in particular as regards the publication of judgments.
Some further progress on completing the revision of rules on revolving doors involving
former ministers and state secretaries, including a two-year cooling-off period and
restrictions on paid activities.
Some progress on establishing stricter transparency rules on lobbying for members of the
Government and Parliament.
Some further progress on a comprehensive follow-up to the childcare allowances affair,
involving all relevant state authorities, building also on the work of the State Commission
on the Rule of Law.
On this basis, and considering other developments that took place in the period of reference,
it is recommended to the Netherlands to:
•
•
•
•
•
Continue efforts to address shortages in human resources and challenging working
conditions in the justice system.
Complete the revision of rules on revolving doors involving former ministers and state
secretaries, including a two-year cooling-off period and restrictions on paid activities.
Establish stricter transparency rules on lobbying for members of the Government and
Parliament.
Enhance the governance of public service media and its ability to uphold journalistic
standards, taking into account European standards on public service media.
Ensure an adequate follow-up to the recommendations of the State Commission on the
Rule of Law, strengthening the legal protection of citizens.
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ECOMMENDATIONS FOR
A
USTRIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Austria has
(made):
•
•
No progress on addressing the need for involvement of the judiciary in the procedures for
appointment of court presidents of administrative courts, taking into account European
standards on judicial appointments and the selection of court presidents.
No further progress on taking forward the reform to establish an independent Federal
Prosecution Office, taking into account European standards on the independence and
autonomy of the prosecution, including to ensure the independent operation of the
specialised anti-corruption prosecution.
No progress on introducing effective rules on assets and interests’ declaration for
Members of Parliament, including effective monitoring and sanctioning mechanisms.
No progress on adopting legislation to strengthen the framework on lobbying, including
on its scope, supervision and enforcement.
Some further progress on taking steps to reform the framework for the allocation of state
advertising by public authorities at all levels, in particular to improve the fairness of its
distribution.
Fully implemented the recommendation on advancing with the reform on access to
official information taking into account the European standards on access to official
documents.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Austria to:
•
•
Address the need for involvement of the judiciary in the procedures for appointment of
court presidents of administrative courts, taking into account European standards on
judicial appointments and the selection of court presidents.
Take forward the reform to establish an independent Federal Prosecution Office, taking
into account European standards on the independence and autonomy of the prosecution,
including to ensure the independent operation of the specialised anti-corruption
prosecution.
Introduce effective rules on assets and interests’ declaration for Members of Parliament,
including effective monitoring and sanctioning mechanisms.
Adopt a legislative proposal to strengthen the framework on lobbying, including a
transparency register.
Take steps to ensure proper implementation and enforcement as regards the fair
distribution of state advertising.
•
•
•
21
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ECOMMENDATIONS FOR
P
OLAND
Overall, concerning the recommendations in the 2023 Rule of Law Report, Poland has
(made):
•
Some progress on separating the function of the Minister of Justice from that of the
Prosecutor-General and significant progress on continuing efforts to ensure functional
independence of the prosecution service from the Government.
No progress on strengthening the existing integrity rules by introducing lobbying rules
and some progress on standardising online system for asset declarations of public officials
and Members of Parliament.
Some progress on ensuring independent and effective investigations and prosecutions, no
progress on addressing the broad scope of immunities for top executives, and no progress
yet on abstaining from introducing impunity clauses in legislation in order to enable a
robust track record of high-level corruption cases.
Some progress on ensuring that fair, transparent and non-discriminatory procedures are
adhered to for the granting of operating licences to media outlets.
Some progress on strengthening the rules and mechanisms to enhance the independent
governance and editorial independence of public service media taking into account
European standards on public service media.
Fully implemented the recommendation to ensure a more systematic follow-up to
findings by the Supreme Audit Office and to ensure, as a matter of urgency, the
appointment of the College Members of the Supreme Audit Office in order to ensure its
effective functioning.
Significant progress on improving the framework in which civil society operates and fully
implemented the recommendation to continue such efforts regarding the Ombudsperson,
taking into account European standards on civil society and Ombudsinstitutions.
•
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference
including the closure of the Article 7(1) procedure by the European Commission and in view
of the Action Plan on the Rule of Law aimed at strengthening judicial independence, and in
addition to recalling the obligation to comply with the rule of law related rulings of the Court
of Justice of the EU and the rule of law related infringement procedures referred to in the
country chapter as well as recalling the relevant commitments made under the Recovery and
Resilience Plan , it is recommended to Poland to:
•
Continue efforts to separate the function of the Minister of Justice from that of the
Prosecutor-General and to ensure functional independence of the prosecution service
from the Government.
Strengthen the existing integrity rules by introducing lobbying rules and a standardised
online system for asset declarations of public officials and Members of Parliament.
Continue efforts to ensure independent and effective investigations and prosecutions,
address the broad scope of immunities for top executives and remove previously
introduced impunity clauses in legislation in order to enable a robust track record of high-
level corruption cases.
Pursue efforts to ensure that fair, transparent and non-discriminatory procedures, are
adhered to for the granting of operating licences to media outlets.
•
•
•
22
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•
•
Pursue efforts to ensure an effective legislative framework for the independent
governance and editorial independence of public service media, taking into account
European standards on public service media.
Continue the on-going process to improve the framework in which civil society operates,
taking into account European standards on civil society organisations.
23
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ECOMMENDATIONS FOR
P
ORTUGAL
Overall, concerning the recommendations in the 2023 Rule of Law Report, Portugal has
made:
•
Some progress on continuing efforts to ensure adequate human resources of the justice
system, in particular regarding non-judicial staff, and some further progress in improving
its efficiency, in particular of Administrative and Tax Courts.
Significant further progress on continuing efforts to strengthen the transparency of
allocation of cases, in particular by monitoring the implementation of the new rules on
electronic allocation.
Some further progress on continuing to ensure sufficient resources for preventing,
investigating and prosecuting corruption, including for the new Anti-Corruption
Mechanism.
Some further progress on ensuring the effective monitoring and verification of asset
declarations by the Transparency Entity.
Some further progress in finalising the reforms to improve the transparency of law-
making, particularly on the implementation of impact assessment tools.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Portugal to:
•
Step up efforts to ensure adequate human resources of the justice system, in particular
regarding judicial clerks, and continue efforts to improve its efficiency, in particular of
Administrative and Tax Courts.
Take measures to ensure the adequacy of the general criminal procedure legislation to
efficiently deal with complex criminal proceedings.
Continue efforts made to ensure sufficient resources for preventing, investigating and
prosecuting corruption, including for the new Anti-Corruption Mechanism.
Ensure the effective monitoring and verification of asset declarations by the Transparency
Entity.
Finalise the reforms to improve the transparency of law-making, particularly on the
implementation of impact assessment tools.
•
•
•
•
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ECOMMENDATIONS FOR
R
OMANIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Romania has
made:
•
•
Some further progress on completing the process initiated to take into account the
recommendations in the opinion of the Venice Commission on the Justice Laws.
Some further progress on ensuring adequate human resources for the justice system,
including for the prosecution services, taking into account European standards on
resources for the justice system.
Some progress on taking measures, in particular at an operational level, to address
remaining concerns about the investigation and prosecution of criminal offences in the
judiciary, including as regards corruption offences, taking into account European
standards.
No progress on introducing rules on lobbying for Members of Parliament.
No progress on strengthening the rules and mechanisms to enhance the independent
governance and editorial independence of public service media taking into account
European standards on public service media.
No further progress on ensuring effective public consultations before the adoption of
legislation.
Some progress on obtaining the accreditation of a National Human Rights Institution
taking into account the UN Paris Principles.
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Romania to:
•
Complete the process initiated in view of taking into account the recommendations of the
Venice Commission on the Justice Laws, including through consultations and evaluations
in view of further improving the Justice Laws at a next opportunity.
Continue efforts to ensure adequate human resources for the justice system, including for
the prosecution services, taking into account European standards on resources for the
justice system.
Take measures, in particular at an operational level, to ensure efficient investigation and
prosecution of criminal offences in the judiciary, including as regards corruption
offences, taking into account European standards.
Introduce rules on lobbying for Members of Parliament.
Step up efforts to strengthen the rules and mechanisms to enhance the independent
governance and editorial independence of public service media taking into account
European standards on public service media.
Step up efforts to ensure effective public consultations before the adoption of legislation.
Take forward the process for obtaining accreditation for two National Human Rights
Institutions, taking into account the UN Paris Principles.
•
•
•
•
•
•
25
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ECOMMENDATIONS FOR
S
LOVENIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Slovenia has
made:
•
Significant further progress on taking forward the process to ensure that rules on
parliamentary inquiries contain adequate safeguards for independence of judges and state
prosecutors, taking into account European standards on judicial independence.
Some progress on ensuring that the reform of judicial appointments contains adequate
safeguards for judicial independence, taking into account European standards on judicial
independence.
Some progress on taking measures to increase the remuneration of judges and state
prosecutors, taking into account European standards on resources and remuneration for
the justice system.
Some further progress on the recommendation to adopt the new anti-corruption strategy
and action plan with concrete measures and a timeframe for their implementation, and
some progress to step up efforts to ensure a track record of investigations, prosecutions
and final judgments in corruption offences, including in high-level cases.
Some progress on starting the legislative process and taking forward the process of
adopting non-legislative safeguards in relation to the protection of journalists, particularly
online, taking into account European standards on the protection of journalists.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Slovenia to:
•
Finalise the legislative process to amend the rules on parliamentary inquiries with
adequate safeguards for independence of judges and state prosecutors, taking into account
European standards on judicial independence.
Take further measures to ensure that the reform of judicial appointments contains
adequate safeguards for judicial independence, taking into account European standards on
judicial independence.
Finalise the measures to increase the remuneration of judges and state prosecutors, taking
into account European standards on resources and remuneration for the justice system.
Complete the adoption of the new anti-corruption strategy and action plan and begin
implementation and take measures to ensure a track record of investigations, prosecutions
and final judgments in corruption offences, including in high-level cases.
Further advance with the process of adopting legislative and non-legislative safeguards to
improve the protection of journalists, particularly online, taking into account European
standards on the protection of journalists.
Ensure that rules or mechanisms are in place to provide funding for public service media
that is appropriate for the realisation of its public service remit while guaranteeing its
independence.
•
•
•
•
•
26
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ECOMMENDATIONS FOR
S
LOVAKIA
Overall, concerning the recommendations in the 2023 Rule of Law Report, Slovakia has
made:
•
No progress on introducing measures to ensure that the members of the Judicial Council,
notably those not elected by judges, are subject to sufficient guarantees of independence
as regards their dismissal, taking into account European standards on independence of
Judicial Councils.
No progress on ensuring that sufficient safeguards are in place and duly observed when
subjecting judges to criminal liability for the crime of “abuse of law” as regards their
judicial decisions.
No progress yet on introducing proposals to regulate lobbying and to strengthen the
legislation on conflicts of interest and asset declarations.
No progress on taking measures to improve the coordination among the different law
enforcement entities and ensure the objectivity of prosecutorial decisions, and no
legislative amendments were advanced to restrict the power of the Prosecutor-General to
annul prosecutorial decisions with a view to promoting a robust track record of high-level
corruption cases.
No progress on enhancing the independent governance and editorial independence of
public service media taking into account the European standards on public service media.
Some progress on advancing with the process to establish legislative and other safeguards
to improve the physical safety and working environment of journalists, including the
reform of defamation law, taking into account European standards on the protection of
journalists.
No progress on ensuring effective public consultation and stakeholder involvement in the
law-making process.
•
•
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, and the relevant country-specific recommendations under the European
Semester, it is recommended to Slovakia to:
•
Introduce measures to ensure that the members of the Judicial Council, notably those not
elected by judges, are subject to sufficient guarantees of independence as regards their
dismissal, taking into account European standards on independence of Judicial Councils.
Ensure that sufficient safeguards are in place and duly observed when subjecting judges
to criminal liability for the crime of “abuse of law” as regards their judicial decisions.
Introduce proposals to regulate lobbying and to strengthen the legislation on conflicts of
interest and asset declarations.
Ensure the effective and independent investigation and prosecution of high-level
corruption cases with a view to establishing a robust track record, including by preventing
any undue interference in such cases and by restricting the use of the Prosecutor-
General’s powers to annul final investigatory and prosecutorial decisions.
Strengthen the rules and mechanisms to restore and further safeguard the independent
governance and editorial independence of public service media taking into account
European standards on public service media.
27
•
•
•
•
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•
•
Advance with the process to establish legislative and other safeguards to improve the
physical safety and working environment of journalists, including the reform of
defamation law, taking into account the European standards on the protection of
journalists.
Ensure effective public consultation and stakeholder involvement in the law-making
process, including by avoiding excessive use of the fast-track procedure.
28
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ECOMMENDATIONS FOR
F
INLAND
Overall, concerning the recommendations in the 2023 Rule of Law Report, Finland has made:
•
Significant progress on the recommendation to continue to follow-up on the report on the
assessment and future development trends of the court system, and some progress on
progressing with the reform of the appointment of lay judges, taking into account
European standards on judicial independence.
No further progress on adopting legislation on trading in influence and some progress on
continuing to take steps to propose a revision on the criminal offence of foreign bribery.
No progress on strengthening the integrity and accountability framework applicable to
ministers and other persons entrusted with top executive functions by adopting a code of
conduct for them.
Some further progress on advancing with the reform of the Act on the Openness of
Government Activities to ensure effective and wider access to documents taking into
account the European standards on access to official documents.
•
•
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Finland to:
•
Continue the work of the working group ‘Rule of Law Guarantees and Development of
the Judicial System’ with a view to strengthen the independence of the justice system and
increase the quality of legal protection.
Reform the appointment of lay judges, taking into account European standards on judicial
independence.
Adopt legislation on trading in influence and propose a revision on the criminal offence
of foreign bribery.
Strengthen the integrity and accountability framework applicable to ministers and other
persons entrusted with top executive functions by adopting a code of conduct for them.
Further advance with the reform of the Act on the Openness of Government Activities to
ensure effective and wider access to documents taking into account the European
standards on access to official documents.
•
•
•
•
29
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ECOMMENDATIONS FOR
S
WEDEN
Overall, concerning the recommendations in the 2023 Rule of Law Report, Sweden has
made:
•
•
•
No progress on ensuring that the nomination system of lay judges safeguards their
independence, taking into account European standards on judicial independence.
Fully implemented the evaluation on the scope, impact and implementation of the rules
relating to revolving doors that cover top executive functions in the Government.
Some progress on strengthening the fight against foreign bribery by amending the
existing legal definitions to improve on the prosecution of, and final judgments in foreign
bribery cases.
Some further progress on continuing efforts to ensure that the on-going reforms to the
legal framework for the funding and operation of civil society organisations do not
unduly affect civil society engagement.
•
On this basis, and considering other developments that took place in the period of reference,
it is recommended to Sweden to:
•
•
•
•
Ensure that the nomination system of lay judges safeguards their independence, taking
into account European standards on judicial independence.
Ensure the appropriate follow-up to the evaluation of the rules on revolving doors.
Strengthen the fight against foreign bribery, by amending the existing legal definitions to
improve on the prosecution of, and final judgments in foreign bribery cases.
Continue efforts to ensure that the reforms to the legal framework for the funding and
operation of civil society organisations do not unduly affect civil society engagement.
30