
Commission looks to expand ‘cash-for-reform' scheme on rule of law issues
With judicial independence weakening and civic space shrinking in parts of the bloc, the European Commission is exploring ways to expand existing mechanisms that condition access to EU funds on rule of law reforms, according to its newly released Rule of Law Report.
Presenting this year's report, EU Justice Commissioner Michael McGrath said the EU's next long-term budget, known as the Multiannual Financial Framework (MFF), should be used as a tool to help protect judicial independence across the bloc.
'What's important (…) is that we have appropriate rule of law conditionality safeguards built into the MFF architecture, along with a clear link to the recommendations in the Rule of Law Report,' McGrath told Euractiv in a closed-door interview with journalists on Tuesday.
The Commission is due to present its proposal for the next MFF on 16 July.
European Commission President Ursula von der Leyen has previously indicated that the EU budget starting in 2028 would require member states to reform in order to access EU funding. In connection with the new report, a senior EU official acknowledged that 'cash-for-reform" scheme had proven 'extremely helpful' in advancing rule of law objectives.
The Recovery and Resilience Facility (RRF), launched after the COVID-19 crisis, marked the EU's first large-scale use of conditional funding, tying disbursement of grants and loans to concrete national reforms on rule of law. Usual suspects Now in its sixth year, the Rule of Law Report provides an annual snapshot of justice systems, anti-corruption frameworks, and media landscapes. It includes tailored recommendations aimed at addressing democratic backsliding.
The 2025 edition, spanning more than 800 pages and published on Tuesday, acknowledges some progress but warns that member states must do more to protect civil society, media freedom and judicial independence.
The report find that EU countries have made progress, albeit slower than in the previous year. The 2024 report found that member states had made positive progress on 68% of 2023's recommendations, while only 57% of last year's recommendations had been fully or somewhat implemented this year.
McGrath attributed the slowdown to the efficacy of the Rule of Law Report. 'The low-hanging fruit has been picked at this stage,' he said.
The report delivered particularly critical assessments for Hungary, Poland, Italy, and candidate country Albania.
In Hungary, the Commission noted that aside from modest pay increases for judicial staff, 'no progress' had been made in all other areas. Italy drew criticism for relaxed rules on political campaign financing.
Similarly, last year's report gave low marks to Hungary, Slovakia, and Italy.
On Tuesday, McGrath declined to speculate on whether more countries could face frozen funds due to rule of law violations in the future.
'Our goal is not to increase the number of member states that are subject to conditionality,' he said. The aim is to achieve 'the highest standards possible throughout the European Union in relation to the rule of law'.
(de)
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