Hungary, Slovakia, and Italy fail to impress in EU Rule of Law report

The European Commission’s fifth annual report, published on Wednesday (24 July), highlighted Hungary and Slovakia’s backsliding in the rule of law, while Italy was also called out for declining media freedom.

The Commission’s report delved into each member state and, for the first time – candidate countries’ – justice systems, anti-corruption frameworks, and media landscapes, making tailored recommendations to be addressed.

While the 2024 report found that member states had made positive progress on 68% of last year’s recommendations, a handful of countries did not fare so well.

“Protecting the rule of law is a continuous work,” European Commission Vice President Vera Jourova said at the report’s launch in Brussels. She added, “We see that further action is still needed, especially where systemic issues and backsliding occur in some countries.”

Backsliding in Budapest

Long-criticised for issues related to democratic backsliding, Hungary, currently holding the rotating European Council Presidency, made no progress in implementing any of the seven recommendations laid down by the Commission last year.

These are related to prosecuting those involved in high-level corruption and strengthening the independence of media and civil society.

In the 2024 report, the Commission found no progress on the previous year.

“Hungary is a real systemic issue for the commission about the rule of law,” European Commissioner for Justice Didier Reynders said at the press conference, with the caveat that “We try to be fair in the way we analyse the situation.”

Budapest has been on the Commission’s radar for years over democratic backsliding in many areas, which prompted the EU executive to withhold more than €30 billion in cohesion and recovery funds.  

The blocking of funds was used—unofficially—to pressure Budapest, something Prime Minister Viktor Orban described as “financial blackmail”.

Eventually, the Commission agreed to release a tranche of €10.2 billion in funds on the eve of a crucial summit on support for Ukraine and the promise of Budapest enforcing judicial reform in line with the report’s recommendations.

However, the move did not go down well with Parliament, which has since taken the Commission to court.

Asked about the Commission’s hopes for Hungary to improve, a senior EU official told Euractiv: “If you look at the analysis of the recommendations from last year, [then] the reality is it’s not very encouraging.” 

Struggles in Slovakia

Meanwhile, Slovakia, led by Euroskeptic Prime Minister Robert Fico, also received significant criticism, with Jourová saying the Commission is still awaiting the final version of a Slovakian law on NGOs under negotiation.

It would require NGOs receiving foreign funds to declare themselves and has been criticised by NGOs and the Council of Europe. 

Concerns were also raised about the dismantling of the public broadcaster RTVS, which was replaced with a new organ, SVTR. Fico claimed this was a bid to reduce the previous broadcaster’s political bias, accusing it of being “in conflict with the Slovak government.”

The Commission is also unhappy about changes tabled to the Criminal Code or the disbanding of the Special Prosecutor’s Office, which could hamper efforts to investigate and prosecute crimes related to the misuse of public money.

Summing up the general performance of Hungary and Slovakia in this year’s report, another senior EU official said, “The result is very poor. I don’t think there’s any other way to describe it.” 

Italy under fire

Italy was called on to better strengthen the environment for journalists amid several lawsuits filed by Prime Minister Giorgia Meloni against those who have criticised her. The latest was the case of a journalist who mocked her height on social media and was ordered to pay €5,000.

Other concerns include growing political influence and control of the media, as well as censorship and harassment.

When asked about Italy, Jourova said, “We have been expressing the need for safeguards for years now,” adding, “With new incidents reported by stakeholders and budget cuts, this is becoming very urgent.”

Progress and problems in Poland

While Poland was previously under the EU’s microscope, progress has been made since Donald Tusk (EPP) returned to the prime minister’s office in 2023 after eight years under the national-conservative Law and Justice Party (PiS).

During its tenure, the party reformed the judiciary, paving the way for the political appointment of judges. In response, the EU Commission opened a procedure under Article 7 of the EU Treaty, ultimately threatening to suspend the country’s voting rights in the Council.

Following reforms under Tusk, the EU executive has decided to close the case.

“The Commission concluded that there is no longer a clear risk of a serious breach of the rule of law by Poland,” the report says.

However, the report stresses that work remains to be done on the judiciary, media freedom, corruption and transparency rules on lobbying.

Along with the report was a Eurobarometer survey on corruption, which found that over two-thirds of EU citizens believe corruption is prevalent in their country. The highest percentages were registered in Greece (98%), Portugal (96%), and Malta and Slovenia (95%).

[Edited by Aurélie Pugnet/Alice Taylor] 

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