Evaluation of the European Commission's annual reports on the rule of law in the European Union

Key points

The EESC:

• denounces the deterioration of human rights, the rule of law, and democracy. It commends the European Commission for its rule of law toolbox. The Annual Rule of Law Reports represents progress, but the EESC notes some persistent shortcomings and calls for further improvements;
• recommends that the Commission ensures meaningful involvement of civil society in both the preparation and follow-up stages of the report at the national level to guarantee active stakeholder participation and accountability, including though EESC assistance;
• recommends that the Commission adopt a more nuanced analytical approach by involving independent experts, conducting on-site visits and using more direct language in its evaluation;
• recommends expanding the Annual Rule of Law Report’s section on civil society organisations, provide assessment based on objective benchmarks and transparent dialogue with CSOs;
• advises the Commission to develop more precise and measurable country-specific recommendations with clear benchmarks, indicators and deadlines. It calls for a more thorough follow-up assessment of the implementation of these recommendations with a transparent presentation, including which Member States failed to meet the benchmarks and deadlines, and urges the Commission to give the Report a stronger role in triggering other rule of law mechanisms, when the country-specific recommendations are not implemented;
• recommends that the Commission simplify the language of the reports to make them more accessible to the general public and journalists, and propose a comprehensive communication strategy to raise awareness of fundamental rights and the rule of law;
• note with interest the Commission President’s intention to create a Civil Society Platform, and reiterates that a qualitative dialogue goes beyond mere consultation. The EESC must take part in the governance and be a key part of any such platform, as the Treaty-based body tasked with consulting business associations, labour unions, and organised civil society.