Rule of Law

A number of worrying developments have been observed in several European Member States in regards to the rule of law. Most recently, the European Parliament adopted a resolution expressing serious concerns about several actions taken by the Slovak government that undermine the rule of law in the country. Troubling developments related to the rule of law are also present in Poland, Hungary, Malta, and Romania. Particularly notable is the situation in Poland, where legislative reforms have significantly increased political control over judicial appointments, resulting in a compromised judicial independence. Although the new government has initiated efforts to undo these changes, the presidency remains held by the PiS party. Given the president’s constitutional veto power over legislation, key reforms have previously been blocked, making substantial progress difficult to achieve. The erosion of judicial independence jeopardizes the legal protection of citizens in these countries and the very foundation of European cooperation – mutual trust. This is mostly visible in the context of cooperation in criminal matters, where the extradition of suspects to Poland has been  frequently postponed or even refused because of justified doubts about the independence of Polish courts. Therefore, it is of great importance to put this process on the agenda, to alert politicians and to provide both political and non-political actors with legal tools and arguments to tackle the deterioration of the rule of law.

Beyond constitutional capture, the rule of law is threatened by illiberal trends affecting media pluralism and freedom in several Member States. Media pluralism is essential for democracy, ensuring citizens access diverse and independent information. In Hungary, the government has concentrated media ownership among pro-government entities, reducing pluralism. Similarly, in Slovakia, the politicization of public service media has deepened: the former Radio and Television of Slovakia (RTVS) was replaced by Slovak Television and Radio (STVR), whose members are appointed solely by the government. At the same time, independent journalists operate in an increasingly shrinking environment where their safety is under constant threat. They face growing attacks, intimidation, and pressure, which severely limit their ability to report freely and hold those in power accountable. This hostile atmosphere puts limitations to media freedom in the EU.

The rise of authoritarianism and illiberalism highlights that the electoral process within the EU is increasingly at risk. For example, in Romania, the first round of the 2024 presidential elections was annulled amid allegations of Russian interference, suspicious activity on platforms like TikTok, and secret payments to online influencers. Such media manipulation and foreign interference can affect who gains votes, seats, or power at the national level, which in turn shapes the composition of the European Parliament, the Council, and the Council of Ministers. The absence of effective monitoring mechanisms during national and European parliament elections further exacerbates this threat, undermining the integrity of the electoral process, and consequently the democratic legitimacy of the EU.