Progress in the rule of law in EU member states in 2022, finds the Commission’s annual report

Justice reforms remained high on the political agenda of EU member states and the EU remains one of the least corrupt regions in the world, concludes, among others, the European Commission’s annual report on the rule of law in the EU in 2022, announced today.

This year’s report contains for the first time specific recommendations addressed to each Member State, which aim to encourage Member States to promote current or planned reforms and to identify where improvements are needed.

As in previous editions, this report examines developments in four key areas of the rule of law: justice systems, the anti-corruption framework, media pluralism and freedom, and other institutional issues related to controls and the balances.

In particular, with regard to justice systems, the Commission’s report points out that reforms in this area have remained high on the political agenda over the past year. Many Member States have launched important reforms to strengthen the independence of the judiciary, such as reforms regarding the composition and powers of judicial councils, improving the procedures for appointing judges or strengthening the autonomy of prosecutorial authorities. Member States have also adopted measures aimed at improving the efficiency and quality of justice, such as the further digitization of judicial systems, and facilitating access to justice.

At the same time, there are still structural concerns in some Member States regarding the independence of the judiciary. In some Member States there are challenges regarding appointments to higher courts and court presidents. In others, there are concerns about the independence/autonomy of prosecutorial authorities and disciplinary procedures are used to limit the independence of the judiciary.

On the fight against corruption, the report highlights that the EU remains one of the least corrupt regions in the world. As of July 2021, many Member States have adopted new strategies or revised existing strategies to fight corruption, or are in the process of revising them. Several Member States have aligned existing frameworks with international anti-corruption standards and EU law. Most Member States have extensive legislation that provides the criminal justice system with the necessary tools to fight corruption. Many Member States have taken measures to increase the capacity of prosecutorial authorities responsible for fighting corruption, such as providing additional resources or additional training.

However, corruption is still a serious problem for EU citizens. For example, the 2022 Eurobarometer shows that 68% of European citizens believe that corruption is widespread in their country. In some Member States, investigations and prosecutions in corruption cases are time-consuming and judicial decisions are still pending, especially in high-profile cases. Public officials are subject to obligations to disclose assets and interests in all Member States, but these obligations vary in terms of the scope, transparency and accessibility of the information disclosed, as well as the level and effectiveness of verification and enforcement.

On media freedom and pluralism, the report emphasizes that both the COVID-19 pandemic and Russia’s war against Ukraine have demonstrated the crucial role of journalists in fact-checking and informing citizens. Several Member States have adopted or stepped up or are considering measures to improve the safety and working conditions of journalists, based on recent Commission initiatives. In addition, several Member States have made efforts to improve the transparency of media ownership. Concerns remain about the lack of transparency in the allocation of government advertising, conflicts of interest and obstacles related to access to public documents — these are some of the important issues highlighted in the report that need attention.

For the first time, the report also examines public media, recognizing their special role for society and democracy. Safeguards are needed to ensure that the independence of the public media is protected and that public funding is sufficient and not used to exert political pressure on the media in question, as described in European standards.

On institutional controls, the report notes that Member States continued to improve the quality of their legislative processes — a trend seen in the 2020 and 2021 Rule of Law reports. Constitutional courts continue to play a key role in the system of checks and balances, including overseeing emergency measures, as well as in other areas such as elections. In some Member States the status of human rights organisations, ombudsmen and other independent authorities was further strengthened. In the majority of Member States, there is an enabling and supportive environment for civil society.

However, a formal stakeholder consultation framework is still lacking in some Member States, which is a source of concern, and civil society organizations continue to face challenges such as funding issues, negative narratives and limitations in their operational space. For the first time, the report also examines the implementation by Member States of judgments of the European Court of Human Rights.

Vice-President for Values ​​and Transparency Viera Yurova said: “Russia’s war in Ukraine is yet another reminder of the importance of our work to defend and promote the rule of law in the EU and beyond. This year’s report shows that the debate on the rule of law in Europe is making progress as member states make improvements and address issues related to the rule of law. Unfortunately, concerns remain in some member states, particularly regarding the independence of the judiciary. Also, for the first time , the report examines the public media. More safeguards are needed to ensure that the independence of the public media is protected and that public funding is sufficient and not used to exert political pressure on the media in question.” B. Jourova called on the member states to follow the Commission’s recommendations.

For his part, Justice Commissioner Didier Reynders said: “Russia’s unprovoked and unjustified military attack against Ukraine shows that protecting and promoting the rule of law is more important than ever. The only way for the EU to maintain its credibility is to defend the rule of law at home and continue to strengthen the rule of law mentality. I am pleased to note that our report contributes to that goal.”

Source: Capital

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