Today, the European Commission published its sixth annual Rule of Law Report – the first under the new Commission and the leadership of Commissioner McGrath. The report comes at a time of global instability and increasing rule of law backsliding across several EU Member States.
A new element in this year’s report is its focus on the internal market dimension, acknowledging that businesses require a transparent and predictable justice system to operate effectively.
Earlier this year, Liberties’ own Rule of Law Report examined the trajectory of Member States and found that a concerning number were contributing to a “democratic recession” across Europe, actively undermining the rule of law in nearly all areas. Only two Member States appeared to have made targeted improvements, while a significant number of traditionally democratic countries showed troubling signs of decline.
The Commission's report is less pointed in its analysis, but Commissioner McGrath acknowledged that, while improvements have been made in many Member States, systemic concerns persist in others. He repeatedly emphasised that where dialogue fails to yield results, other tools must be considered.
A preliminary review of the Commission’s 2025 recommendations paints a concerning picture: the same recommendations are repeated year after year, with no sanctions for persistent failures. Promises of a future link between recommendations and the EU budget may address this gap, but for now, a clear connection between findings and enforcement remains elusive.
Progress continues to be made – but slowly and incrementally. Just 57% of recommendations were fully or partially addressed (down from 68% last year), and this figure includes cases of limited progress. Only eight recommendations (the same number as last year) were fully implemented: three in Slovenia, two in Czechia, and one each in Estonia, Finland, and Luxembourg.
By contrast, 29 recommendations showed no progress, and a further 10 showed no additional progress. In many cases, this reflects persistent failure. For example, in Hungary, no progress was made on seven out of eight recommendations.
The missing link between persistent failure and a lack of clear EU action is particularly evident in some Member States. In Bulgaria, four out of six recommendations showed no or no further progress. In Slovakia, five out of seven recommendations showed no progress. Despite the recent adoption of a law limiting civic space in Slovakia, there is no new recommendation addressing this issue. Liberties found that both countries have taken “deliberate and systemic efforts to weaken the rule of law in all areas.” Yet it remains unclear what the next steps for Bulgaria or Slovakia are. No rights-based infringement proceedings have been launched. The former Rule of Law Framework, a precursor to Article 7 proceedings for systemic violations, is no longer applicable. What remains is a set of recommendations that are not time-bound and can be repeated indefinitely.
Similarly, there is no gradation or added emphasis for recommendations that could be considered ‘foundational’—those that, if ignored, risk undermining the entire rule of law system. This includes systemic failures to implement judgments. Belgium, for example, has repeatedly failed to implement judgments and address structural issues identified by the European Court of Human Rights.
Balazs Denes, Executive Director at Civil Liberties Union for Europe (Liberties), said:
“This report will be a test for the new Commission. The analysis is clearer, and with six years of data, the trends are evident. But the stumbling block remains in translating findings into action. Recommendations cannot simply be repeated year after year with no tangible consequences. As Liberties’ 2025 Rule of Law Report observed in relation to Poland, restoring democratic standards can be extremely difficult once rule of law institutions have been hollowed out. Without clearer action, more countries risk following this dangerous path.”
Credit: Scott Webb Unsplash
