EC Library Guide on the rule of law: Selected publications
Selected EU publications
- 2024 Rule of law report | European Commission
The 2024 Rule of Law Report examines developments across all Member States, both positive and negative, in four key areas for the rule of law: the justice system, the anti-corruption framework, media pluralism and freedom, and other institutional issues related to checks and balances. It includes country chapters for all 27 Member States, which rely on a qualitative assessment carried out by the Commission, analyse new developments since the previous Report and the follow-up to the challenges and developments identified in the 2023 edition.
- Adopt AI study – Final study report
European Commission, Directorate-General for Communications Networks, Content and Technology (CNECT), 2024.
A study commissioned by the European Commission highlights the significant potential of Artificial Intelligence (AI) to improve public sector services across the EU. The report emphasizes that AI can enhance citizen-government interactions, boost analytical capabilities, and increase efficiency in key areas such as healthcare, mobility, e-Government, and education. These sectors are identified as among the most ready for large-scale AI deployment, with applications ranging from autonomous vehicles and smart traffic systems to AI-driven healthcare solutions and education technologies.
However, the study also outlines several challenges hindering AI uptake in the public sector. These include complex public procurement processes, difficulties in data management, a lack of regulatory clarity, and concerns about bias in AI decision-making. In response, the report provides a series of policy recommendations aimed at accelerating AI adoption. These include increasing funding and resources for AI in public services, ensuring transparency and accountability in AI systems, promoting cross-border data sharing, and aligning industry and public sector expectations. The European Commission is advised to create a clear regulatory framework for AI, prioritise long-term implementation, and foster human-centric, trustworthy AI solutions. By addressing these challenges, the EU aims to position itself as a global leader in the development of trustworthy and sustainable AI technologies for the public sector.
- The Commission’s rule of law reporting
European Court of Auditors, Publications Office of the European Union, 2024.
The rule of law is one of the founding values of the EU. This review contributes to a better understanding of the EU’s rule of law landscape and its tools, focusing on the Commission’s annual Rule of Law Report – a preventive tool that presents the Commission's assessment of significant rule of law developments in member states and makes recommendations on the issues identified. We clarify the Report’s place and purpose within the rule of law landscape and explain its production and follow-up, describing each step of the process from the collection and assessment of inputs to the formulation of recommendations. We highlight challenges and opportunities concerning, for instance, the Report's methodology or the relationship between various rule of law tools.
- Democratic oversight of the police
European Parliament, Directorate-General for Internal Policies of the Union, Guittet, E., Vavoula, N., Tsoukala, A. et al. European Parliament, 2022.
This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, aims to provide background information concerning police ethics, accountability, and oversight across the EU. The study shows that existing EU tools and instruments can contribute to enhance police accountability. The study also identifies some gaps and weaknesses. Recommendations are provided in order to remedy the gaps and weaknesses identified.
- European democracy: Values and rights, rule of law, security: Citizens' recommendations and the EU context::Panel 2 of the Conference on the Future of Europe
European Parliament, Directorate-General for External Policies of the Union, Directorate-General for Internal Policies of the Union, Directorate-General for Parliamentary Research Services. European Parliament, 2022.
In the framework of the Conference on the Future of Europe, four European citizens' panels have discussed the development of European integration in broad subject areas. For each of the 39 recommendations put forward by European Citizens' Panel 2: European democracy / Values and rights, rule of law, security, the present paper sets out a selection of the most recent and relevant European Parliament resolutions on the matter and looks at existing EU legislation and other EU funding programmes, supporting and coordinating actions. However, this paper is not intended to serve as an exhaustive list of all European Parliament resolutions and EU-level action in the area, but rather aims at feeding debate and discussion during the Conference plenary.
- From scrutiny to implementation: Reinforcing the impact of the rule of law report, European
European University Institute, Closa, C., Hernández, G. University Institute, 2023.
The Rule of Law Report is an annual exercise to monitor Member States’ compliance with this core EU value. First published in 2020, the latest edition of the Report has introduced countryspecific recommendations to guide Member States’ action in correcting the problems identified. This Policy Brief examines the evolution of the Report and suggests some proposals to further strengthen its soundness and legitimacy in subsequent editions.
Methodologically, the Report could benefit for a more comprehensive assessment based on robust standards and indicators, as well as for a more developed justification of the selection of sources. In terms of enforcement, this Brief proposes to further work on the Report’s fit with the other instruments, particularly with the recently developed Conditionality Regulation. The Report might also seek to exploit its full potential as a promotion tool if the Commission invests in an enhanced communication strategy. This brings added value since a civil society supported rule of law culture promotes institutional changes for better compliance with the EU’s fundamental values.
- Fundamental rights and the rule of law: Country visits
European Economic and Social Committee.
The aim of the country visit reports is to reflect and reproduce the views of civil society.
- Fundamental rights report 2024
European Union Agency for Fundamental Rights, Publications Office of the European Union, 2024.
FRA’s Fundamental Rights Report 2024 reviews major developments in the field in 2023. Given the backdrop of threats to fundamental rights and freedoms in Europe today, FRA’s annual report is a timely review of the most pressing issues. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions. The introductory lead chapter provides a broad view of fundamental rights concerns in 2023. Rising racism is a worrying trend, alongside an increase in incidents of hate against Jews and Muslims. Increasing digitalisation of our societies appears unstoppable and yet has ramifications for fundamental rights protections.
Urgent action is needed to tackle climate change without encroaching on the economic rights of marginalised communities. This chapter also highlights the major EU policymaking developments to address these issues. The remaining chapters focus on three major themes: the cost-of-living crisis, sustained threats to democratic values and civic space, and the complex, polarising issue of migration. The final chapter analyses the application of the EU Charter of Fundamental Rights. Through this report, FRA highlights the need for a multifaceted approach to building a more inclusive Europe.
- Joint Research Centre statistical analysis of the world justice project rule of law index 2021 (ROLI)
European Commission, European Committee of the Regions, Joint Research Centre, Kovacic, M. Publications Office of the European Union, 2022.
The European Commission’s Competence Centre on Composite Indicators and Scoreboards (COIN) of the Joint Research Centre (JRC) has been invited by the World Justice Project to draft an audit of the 2021 edition of the Rule of Law Index (ROLI). The JRC-COIN is a renowned research group by its expertise on statistical methodologies and guidelines on the development of sound composite indicators and has audited over 100 composite indicators for international organisations. The Rule of Law Index (ROLI) is a multidimensional index covering 139 countries and jurisdictions according to how the rule of law is experienced and perceived around the world.
The index comprises 8 factors, 44 sub-factors and 584 variables, and relies on two main sources of data. The first is a General Population Poll (GPP) conducted by leading local polling companies covering more than 138,000 household worldwide (107 perception and experience-based questions). The second is a Qualified Respondents’ Questionnaires (QRQ) consisting of 463 closed-ended questions completed by 4,200 in-country legal practitioners, experts, and academics with expertise in civil and commercial law; constitutional law, civil liberties, and criminal law; labour law; and public health. These two data sources capture the experiences and perceptions of ordinary citizens and in-country professionals concerning the performance of the state and its agents and the actual operation of the legal framework in their country or jurisdiction. Finally, the developers also incorporate some third-party data (14 variables) to measure structural rule of law situations that may not be captured through general population polls or expert opinion. The index has been audited by the COIN team in the 2012 and 2014 editions. The 2021 edition of the Index builds on the previous ones, but also introduces some novel methodological features mainly related to the GPP component. In previous editions, the poll has been conducted in the three largest cities of each country or jurisdiction. However, the World Justice Project’s goal was to update its methodology to include nationally representative polls. Towards this end, nationally representative polls have been conducted in 77 countries and jurisdictions covered in the 2021 WJP Rule of Law Index.
- Media freedom and pluralism in the EU
European Commission, Directorate-General for Communications Networks, Content and Technology. Publications Office of the European Union, 2022.
Free media are a key pillar of every democracy and they are essential for a healthy market economy. On a global scale, the European Union remains a stronghold for free media, setting a standard as a democratic continent. Yet, there are increasingly worrying trends. Building on past efforts, the Commission has taken a number of measures to protect media freedom and pluralism in the EU.
- The rule of law in the EU – An improved framework to protect the EU’s financial interests, but risks remain. Special report 03, 2024
European Court of Auditors, Publications Office of the European Union, 2024.
The rule of law is one of the EU’s fundamental common values. The situation has deteriorated in some member states over the last decade. The EU adopted a new instrument in December 2020 to protect its financial interests against breaches of the principles of the rule of law in EU countries: the Conditionality Regulation. We assessed whether the Commission’s application of the Conditionality Regulation was appropriate and consistent with other mechanisms available under the Recovery and Resilience Facility and the Common Provisions Regulation 2021-2027 for cohesion policy.
We examined the Commission’s internal arrangements for implementing the Regulation, and the actions it took to protect the EU’s financial interests under the three instruments. We concluded that, together with specific provisions of the Recovery and Resilience Facility and the Common Provisions Regulation for cohesion policy, the Conditionality Regulation marks an improvement in order to protect the EU’s financial interests against breaches of the principles of rule of law, and the measures taken for one country so far were in line with the Regulation. However, we also identified certain aspects of the Regulation which are difficult to apply and identified a number of risks that could significantly undermine the effectiveness of measures taken. Our recommendations are aimed at addressing these matters to strengthen the effectiveness of the framework. ECA special report pursuant to Article 287(4), second subparagraph, TFEU.
- Social media platforms and challenges for democracy, rule of law and fundamental rights
European Parliament, Directorate-General for Internal Policies of the Union, Botero Arcila, B., Griffin, R.European Parliament, 2023.
This study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the LIBE Committee, examines risks that contemporary social media - focusing in particular on the most widely-used platforms - present for democracy, the rule of law and fundamental rights. The study focuses on the governance of online content, provides an assessment of existing EU law and industry practices which address these risks, and evaluates potential opportunities and risks to fundamental rights and other democratic values.
- Statement on defending democracy in Europe – Addressing the threat of authoritarian populism and reinforcing democratic practice
European Commission, Directorate-General for Research and Innovation, Publications Office of the European Union, 2024.
Recent years have seen a wave of far-right populism gaining momentum in many countries. In this Statement, the EGE analyses how this puts democracy at risk. It formulates a substantive understanding of democracy that does not limit it to elections, but makes real the values and rights it is based upon. The EGE further reflects on how understandings of identity that are not defined by exclusionary categories but encompass plurality can contribute to people’s appreciation of the European endeavour and strengthen their participation in society. It highlights the need for a reorientation of Europe to its social roots as key for countering the rise of authoritarianism. On this basis, the EGE proposes a series of recommendations for a democratic and vibrant European civic space.
- Stepping up the EU's efforts to tackle corruption: Cost of non-Europe report
Corruption poses a significant threat in the European Union and can contribute towards an erosion of democracy and the rule of law, especially during times of crisis. The European Union can do more to tackle corruption and curb its negative impacts on society. This report presents a quantitative analysis of the potential gains from further EU action to tackle corruption, estimating that it could generate up to €58.5 billion per year. Other gains could also be expected in terms of reinforcing democracy and promoting international credibility and long-term growth.
- The tools for protecting the EU budget from breaches of the rule of law: The Conditionality Regulation in context
Citation style European Parliament, Directorate-General for Internal Policies of the Union, Rubio, E., Kiss-Gálfalvi, T., Nguyen, T.et al. European Parliament, 2023.
The rule of law Conditionality Mechanism is a new instrument that entered into force in January 2021. It allows the European Union (EU) to take measures in cases when breaches of the rule of law principles affect or seriously risk affecting the EU budget or the EU’s financial interests. As this new mechanism has so far only been applied once, some questions are left open on its application and the possibilities offered by it. The full study discusses the potential scope of application of this new tool. In particular, it analyses how it can be used either as an alternative to, or in combination with, other tools and mechanisms aimed at protecting the EU’s financial interests.
- Towards a strengthened methodology for the elaboration of the rule of law report
European University Institute, Closa, C., Hernández González, G. European University Institute, 2021.
The Rule of Law Report, firstly introduced by the European Commission in 2020, monitors annually the rule of law situation in member states. This exercise helps to identify and to anticipate breaches and prevent further erosions. This Policy Brief proposes a series of methodological improvements for upcoming editions that might help to strength the robustness of the report.
On the one hand, it focuses on two elements that the Report already considers: judicial independence and media freedom. For these elements, the Brief proposes strengthened assessment standards and data collection, and include new topics that are gaining relevance. On the other hand, the document suggests two additional areas for future editions - a comprehensive assessment of independent authorities in member states and a COVID-19 measures impact audit. Increasing methodological soundness will improve the transparency, validity and accountability of the Report.
- Last Updated: Sep 26, 2024 9:31 AM
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