The rule of law in the EU

"Regrettably, concerns remain in some Member States, especially as regards the independence of the judiciary. More safeguards are also needed to ensure that the independence of the public service media is protected, that public funding is adequate and that it is not used to exert political pressure on the media".

Vera Jourová, Vice-President of the European Commission for Values and Transparency, presented the EU Rule of Law Report. This is the third time this has been done, with the EU authorities aware that "the EU will only remain credible if we uphold the rule of law at home and if we continue to strengthen the rule of law culture", according to Didier Reynders, the Justice Commissioner.

The Russian invasion of Ukraine has further reinforced the conviction that it is more essential than ever to uphold the rule of law, as it is the cornerstone of democracy. Its promotion, both within and outside the EU, is seen as essential if this island of values and hope, which is how the European Union is widely perceived in the world, is to remain so. 

The document, in addition to describing the general and particular situation in the 27 EU countries, concludes each specific chapter devoted to each member state with a series of recommendations, sometimes with an undisguised peremptory character, so that the independence of the judiciary and freedom of expression and the press are preserved. Vice-President Jourová does not mince her words in "urging member states to follow the recommendations, to engage in serious debate and to take action". 

In this regard, and in the specific case of Spain, the report notes that "the renewal of the General Council of the Judiciary (CGPJ), pending since 2018, is a serious cause for concern", recalling in passing that the Commission has already made several appeals and practically does not know what to do for Spain to put an end to this anomaly. It urges an immediate renewal, even preceding the revision of the election process, which should also be adapted to European standards in terms of the appointment of its members.

The Commission also recalls that a legal amendment preventing the overlapping of the mandates of the government and the attorney general has still not been adopted. Also in this section, the recommendation recalls that the current coincidence of the mandates of the government and the attorney general does not take into account the European parameters of independence and autonomy of the Public Prosecutor's Office.

The entire Spanish judicial system receives a slap on the wrist, noting that "the length of judicial proceedings is too long, which affects the efficiency of justice, especially with regard to cases of corruption of public figures".

With regard to the other main pillar of democracy and the rule of law, freedom of information, the European Commission points out that "there are still challenges to be met in terms of transparency of ownership of the written press and bringing the independence of audiovisual councils into line with European standards. 

Virtually all countries receive their own dose of warnings and alerts, which generally highlight that corruption remains a serious concern for EU citizens. In this respect, the 2022 Eurobarometer on this specific issue indicates, for example, that 68% of Europeans believe that corruption is a widespread phenomenon in their own country. In some member states, investigations and prosecutions of corruption cases are lengthy, as in Spain, and sentences are still lacking, especially in high-level cases. 

The paper acknowledges that public officials are subject to asset and interest disclosure obligations in all member states. However, it also notes that those obligations vary in terms of the scope, transparency and above all accessibility of the information disclosed, as well as the level and effectiveness of verification and enforcement, both of which are unavoidable characteristics of a state governed by the rule of law: transparency and accessibility.