Liberties Rule of Law Report 2026
Liberties’ seventh annual report on the rule of law evaluates how governments uphold legal principles across four key areas: justice, corruption, media freedom, and checks and balances. Produced by nearly 40 rights organisations across 22 EU member states, this is the most detailed report compiled by an independent civil liberties network. Read our full 2026 report.
Growing implementation gap
The key conclusion of the 2026 report echoes findings from prior years: democracy continues to weaken, and Member States often fail to act on recommendations from the Commission.
This year, Liberties concentrated on the volume of repeated, unaddressed recommendations alongside emerging patterns and recent developments to illustrate the scale of the issue.
Our research identified a worsening implementation gap, with 93% of the recommendations from 2025 being reiterations from earlier years and only nine newly introduced proposals. Among these, 61% showed no visible progress, 13% indicated regression, and none were fully implemented.
Governments actively undermining democracy at home
Countries were rated based on their responses to rule of law breaches highlighted in the previous year’s report, divided into four groups: ‘Hard Worker’, ‘Stagnator’, ‘Slider’, and ‘Dismantler’.
Ten nations remain in the ‘Stagnator’ group, reflecting a lack of meaningful development either way: the Czech Republic, Estonia, Greece, Ireland, Lithuania, the Netherlands, Poland, Romania, Slovenia, and Spain. The number of ‘Sliders’—including Belgium, Denmark, France, Germany, Malta, and Sweden—rose by two since last year, indicating a troubling decline in commitment to the rule of law in countries traditionally seen as democratic strongholds. The five ‘Dismantlers’, Bulgaria, Croatia, Hungary, Italy, and Slovakia, pose the gravest concern, actively eroding rule of law institutions, with four unchanged from last year. The sole nation categorized as a ‘Hard Worker’ was Latvia.
Alarmingly, in 2025, EU institutions mirrored many of the problems evident among Member States, frequently resorting to exceptional fast-track legislation, rolling back crucial fundamental rights, and mounting coordinated attacks on oversight bodies.
When EU institutions fail to consistently uphold and protect fundamental rights, they weaken their own credibility and that of the Rule of Law reports.
Justice: Lack of progress on two-thirds of recommendations
Judiciaries and courts are essential pillars supporting the rule of law. Increasingly hostile and critical public rhetoric targeting these bodies reflects political resistance in some countries to legal constraints, posing a risk to this key democratic foundation.
This trend is reinforced by growing non-enforcement of European Court of Human Rights (ECtHR) decisions, which rose from 624 to 650. Despite the widespread nature of this issue, only Belgium was issued a Commission recommendation. Political interference in judicial institutions remains prevalent across the EU, evidenced by concerns regarding the transparency and independence of courts and prosecution services.
Anti-corruption: More than half of suggestions showed no advancement
Anti-corruption efforts lie at the core of the rule of law because corruption corrodes public confidence and destabilizes legal protections of public interest.
Although the overall trend was stagnation, regression was documented in three countries: Malta hindered inquiries, Slovakia experienced rushed legislation and doubts over prosecutorial autonomy, and Bulgaria exhibited characteristics of a captured state. Recommendations were present in every Member State except Estonia and Lithuania, most dating to 2022, highlighting the persistent and widespread nature of corruption issues. Many recommendations related to enforcing rules against high-level corruption remained unaddressed.
Media: Two-thirds of recommendations showed stagnation or decline
Media freedom acts as an early warning indicator because it facilitates public oversight and provides vital information; it is often among the first democratic pillars to face authoritarian erosion.
Previous challenges remained unresolved: threats to media diversity, political influence over public broadcasters, limited transparency and misuse of state advertising funds, along with Strategic Lawsuits Against Public Participation (SLAPPs) and assaults on journalists.
The persistent difficulties in the media landscape are evident in unimplemented recommendations: 85% of 27 outstanding points date back to 2022. Countries with outstanding recommendations include strong democracies such as Belgium, Denmark, France, Germany, and Ireland. Progress on the European Media Freedom Act (EMFA) and the Anti-SLAPP Directive’s transposition has been limited.
Checks and balances: Only 20% of recommendations showed progress
Checks and balances are vital in ensuring governments do not abuse their power, acting as early alert mechanisms. This area, however, saw the highest rate of regression despite having the fewest recommendations. Overlooked infringements weaken vital protections against governmental overreach, risking escalating abuses and systemic failures.
Liberties observed that the number of countries experiencing regression in this domain increased by nearly 50%, from nine to 13 Member States, reflecting growing pressure on mechanisms designed to limit executive powers and maintain democratic accountability.
A common problem across the EU has been the use of fast-track, opaque legislative methods that undermine democratic lawmaking, resulting in controversial laws passed without proper scrutiny. Notably, the European Commission made no recommendations regarding the right to protest, even though it experienced the most significant regression.
Problems within the EU itself
Aside from the minimal effect of the Rule of Law Cycle on halting democratic backsliding, the EU’s credibility as the defender of rule of law standards suffers due to its own practices: resorting to exceptional legislative procedures, casting doubt on the legitimacy of watchdog institutions, and applying double standards in foreign policy, including failing to denounce breaches of international law explicitly.
“For their Rule of Law Report to have a real impact and prevent further backsliding, the EU needs a stronger, more focused approach. This should include systematic reporting, clear recommendations with measurable benchmarks, and consistent steps to trigger legal or other action when countries fail to comply. Only then can the Rule of Law Report function as the preventive tool it was originally intended to be.”, said Kersty McCourt, Senior Advocacy Advisor at Civil Liberties Union for Europe.
Original article: www.liberties.eu
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