cover
18.07.2024

Rule of Law Report. A Notable Tool That Needs Fine-Tuning for Better Impact on Rule of Law in Europe. Recommendations from Civil Society Organisations

The European Commission’s Rule of Law Report (hereinafter referred to as the Report or RoLR) is a much-needed mechanism for monitoring the measures taken by Member State governments in this area. The process of preparing the Report provides an opportunity to address the pillars of the rule of law in their complexity and within each Member State.

As part of the Report’s preparation, the European Commission invites stakeholders to provide contributions through a targeted consultation. The Commission encourages the involvement of civil society organizations (CSOs) in this process. Indeed, many CSOs invest significant capacity, resources, collective intelligence, and expectations into it. Thus, the Report could create an important space for dialogue on the rule of law, both at the EU and national levels. However, this potential is not fully exploited or developed. Ultimately, the Report is only a tool to capture important developments; it lacks measures to act and to assess how it contributes to improving the rule of law in Europe.

This paper aims to enhance the effectiveness of the processes involved in creating, publishing, promoting, and monitoring the Report’s recommendations. Developed with inputs from organizations hailing mostly from the Central and Eastern European region and involved in the day-to-day work around the Reports in their countries and at the EU-wide level, the paper reflects discussions from a workshop held in Brussels in April 2024. The recommendations herein emerge from a practical assessment of the entire process.

Compiled with a genuine interest in supporting the Report’s preparation and engaging CSOs from CEE countries, this paper seeks to improve honest dialogue on the rule of law. Consequently, it may come across as critical, focusing deliberately on procedural weaknesses without diminishing the Report’s importance as a tool—a point well acknowledged by the authors.

The ensuing introduction outlines challenges that CSOs experience in their work on the Report, followed by recommendations to the European Commission and civil society organisations.