The European Commission has published the first EU-wide report on the rule of law. 

The report is part of the new annual rule of law cycle – the Rule of Law Mechanism. The Mechanism is a yearly cycle to promote the rule of law and prevent problems from emerging or deepening further. The goal is to focus on improving understanding and awareness of issues and significant developments, as well as to identify rule of law challenges and help Member States find solutions with support from the Commission and the other Member States, as well as stakeholders including the Venice Commission.

The objective of the Mechanism is preventive. It is separate from the other elements in the EU's rule of law toolbox, and does not replace the Treaty-based mechanisms for the EU to respond to more serious rule of law related issues in Member States. These tools include infringement proceedings and the procedure to protect the founding values of the Union under Article 7 of the Treaty on European Union. It is also different from the proposed budget conditionality procedure, which aims to protect the EU budget in situations where the Union's financial interest might be at risk due to generalised deficiencies of the rule of law in a Member State.

The Report shows that many Member States have high rule of law standards, but important challenges to the rule of law exist in the EU. It also reflects relevant developments stemming from the emergency measures taken by Member States due to the coronavirus crisis. The report covers four main pillars with a strong bearing on the rule of law: 

• Justice systems: The country specific assessments show that judicial independence remains an issue of concern in some Member States, some of which have led to infringements or Article 7 proceedings. 

• Anti-corruption frameworks: Several Member States have adopted comprehensive anti-corruption strategies, while others are in the process of preparing suchstrategies. Effective implementation and monitoring remain key to ensure progress.

• Media freedom and pluralism:The report raises concerns about effectiveness and adequate resources, as well as risks of politicisation of media authorities in some Member States. Some country assessments have further identified cases whereserious concerns have been raised regarding political pressure on media.

• Institutional checks and balances: the report shows that excessive use of accelerated and emergency legislation can give rise to rule of law concerns. Across the EU, civil society continues to be a key actor in defending the rule of law. However, there are examples of civil society facing serious challenges in some Member States as a result of legislation limiting access to foreign funding or smear campaigns.

The report points to some of the issues that have arisen in the national debates and the legal and political response to the pandemic. For example, changing or suspending customary national checks and balances can pose particular challenges to the rule of law. At the same time, there are several good examples of where national court rulings or the involvement of ombudspersons had a positive impact on emergency measures taken.