The European Commission published last Tuesday its sixth annual Rule of Law Report, examining rule of law developments in all Member States.
According to the Commission, the report consolidates the successful engagement with Member States based on a preventive and dialogue-based approach to strengthen the rule of law, and it is an important incentive for reform.
In comparison to the first report adopted in 2020, Member States and the EU as a whole are much better prepared to detect, prevent and address emerging challenges.
As it did last year, the report does not only cover the 27 Member States but also includes country chapters dedicated to developments in four candidate countries (Albania, Montenegro, North Macedonia and Serbia). Other accession countries will be included in the Rule of Law Report as and when they are ready.
The Commission summarized that this year's report confirms that there is a positive trajectory in many Member States, as important reforms have been taken forward across the four key areas covered by the report – justice, anti-corruption, media freedom and institutional checks and balances. However, challenges remain in some Member States, and in a few cases the situation is serious (e.g. Hungary).
As in previous reports, Belgium is not spared criticism. Belgium is recommended to continue ongoing efforts to address the structural resource deficiencies in the justice system, taking into account European standards on resources for the justice system. It also needs to improve the efficiency of justice, particularly to reduce the length of proceedings based on comprehensive statistical data.
While some steps are under consideration to strengthen integrity procedures in the police, police integrity policy is assessed as insufficient by stakeholders. Committee P has signalled a lack of attention to integrity during the recruitment, selection and training of new police officers. Belgium also needs to continue efforts to strengthen the framework for access to official documents.
On anti-corruption, the report mentions that concerns exist on the handling of prominent high-level corruption cases. In an interview in The Brussels Times, a well-known Belgian magistrate criticized Belgium's failure to address systemic corruption and called for an anti-corruption agency.
A crucial outstanding issue concerns compliance by public authorities with final rulings of national courts and the European Court of Human Rights. The government remains under supervision by the Committee of Ministers of the Council of Europe on structural issues identified by the Court in the judgment in 2022 (Camara v. Belgium) relating to reception of asylum seekers.
Specific non-binding recommendations addressed to each Member State were introduced in the third report in 2022. The 2025 Report found that 57% of the recommendations made in 2024 have been followed up by Member States, either fully or partially, compared to the previous year (2023) when 68 % had been addressed.
Michael McGrath, Commissioner for Democracy, Justice, the Rule of Law and Consumer Protection, who presented the report with Executive Vice-President Henna Virkkunen, commented that a lower figure one year does not indicate a trend. The Commission recognises that some recommendations may take longer to address, for example due to electoral cycles.
“One thing is clear: the rule of law is the cornerstone of our democracies,” commented Henna Virkkunen, Executive Vice-President for Tech Sovereignty, Security and Democracy.
“But it is also integral for the future of our economies and for Europe’s security. By sharpening our tools, like the Rule of Law Report, we are not only defending our core values, we are also building trust, attracting investment, and fueling growth. Respect for the rule of law is not optional – it is the only option.”
The sources for the report include a number of studies and reports, including the EU Justice Scoreboard, which presents annual comparative data on the functioning of national justice systems and other indicators relevant for the Single Market. The Scoreboard does not promote any particular type of justice system and does not set targets or rank Member States.
For a summary of the situation in each country and the recommendations, click here.
The concept of ‘rule of law’ includes principles such as legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal certainty; prohibiting the arbitrary exercise of executive power; effective judicial protection by independent and impartial courts, effective judicial review including respect for fundamental rights; separation of powers; and equality before the law.
