Communication and country chapters
The 2023 Rule of Law Report, including its 27 country chapters, 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. The country chapters, 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 2022 edition.
The fourth edition of the Report builds on the important step taken in last year’s Report where specific recommendations for all Member States had been included for the first time. The analysis also contains a qualitative assessment of the progress made by the Member States towards implementing the 2022 recommendations. The 2023 recommendations either build on last year’s recommendations, where they were not fully implemented, or address new challenges. The recommendations aim to further assist the Member States in their efforts to take forward ongoing reforms and help them identify where improvements are needed.
The Commission has prepared this Report based on continued dialogue with the Member States, while fully preserving political responsibility for its assessment and the recommendations issued. The next edition will follow-up on the developments and will continue to assess the implementation of the recommendations.
The challenges identified by the previous Rule of Law Reports have provided inspiration for several recent EU initiatives over the past year, including the proposal for a European Media Freedom Act and the Anti-Corruption Package.
2023 Rule of law Report - Communication and country chapters
Methodology
The assessment contained in the 27 country chapters has been prepared in line with the methodology as last updated in 2022, following discussion with the Member States, also with a view to reflect the inclusion of recommendations in the Report. The country chapters do not purport to give an exhaustive description of all rule of law issues in every Member State, but to present significant developments. The assessment refers to EU law requirements, including those resulting from the case-law of the CJEU. In addition, the recommendations and opinions of the Council of Europe provide a useful frame of reference for relevant standards and best practices.
The Rule of Law Report is the result of close collaboration with Member States and relies on a variety of sources. All Member States were invited to contribute to the process, provide written input and participate in dedicated country visits held between February and early April. For these country visits country, the Commission organised more than 530 online meetings with national authorities, independent bodies and stakeholders, including civil society organisations. This provided an opportunity to exchange on the follow-up to recommendations issued in the 2022 Report and on all other significant developments. In addition, the Commission at political level has discussed the Report with national authorities and governments, as well as with representatives in national Parliaments. Prior to the adoption of this Report, Member States have been given the opportunity to provide factual updates to their country chapter.
The network of national rule of law contact points established in 2020 to help setting up the mechanism, has continued to function as an ongoing channel of communication with Member States for the preparation of the Report as well as to exchange best practices.
2023 Rule of Law Report - methodology
The detailed schedule of country visits can be found in the Documents section below.
Input from Member States
All Member States were invited to provide information on significant developments, primarily since the adoption of the 2022 Rule of Law Report, based on an updated questionnaire, discussed with Member States. The input is structured around the four pillars covered by the Report - the justice system, the anti-corruption framework, media pluralism, and other institutional issues related to checks and balances – and was provided in an agreed template. The written input from Member States was supplemented by exchanges during the country visits and by information received from stakeholders.
Targeted stakeholders consultation
As part of the preparation of the 2023 Rule of Law Report, the European Commission invited stakeholders to provide written contributions through a targeted stakeholder consultation opened from 14 November 2022 to 20 January 2023. The consultation has provided around 250 horizontal and country-specific contributions from a variety of contributors including EU agencies, European networks, national and European civil society organisations and professional associations and international and European organisations. The Council of Europe also provided an overview of its recent opinions and reports on EU Member States. The information obtained from this consultation has contributed to the assessment of the Commission with factual findings on developments in the Member States.