Meer documentenQuestions and Answers on the 2026 Rule of Law Report
What is the Rule of Law Report?
The Rule of Law Report is the Commission's annual preventive and monitoring tool for taking stock of rule of law developments across all EU Member States, as well as four enlargement countries. Since its first edition in 2020, the Rule of Law Report has increasingly acted as a driver of reform: it helps identify risks, develop solutions, and provide targeted support early on to strengthen the rule of law in the EU.
The Report consists of a communication setting out the main horizontal trends across the EU and individual country chapters. The chapters cover recent rule of law developments in all Member States and four enlargement countries (Albania, Montenegro, North Macedonia, Serbia) across four key areas: justice systems, anti-corruption frameworks, media freedom and pluralism, and other institutional issues linked to checks and balances. For the EU Member States, the Report also includes specific recommendations, designed to support ongoing reforms and identify areas where further progress is needed.
The Rule of Law Report is a preventive instrument within the EU's Rule of Law Toolbox and a central pillar of the Annual Rule of Law Cycle. It forms part of a process of monitoring and dialogue involving the European Commission, the European Parliament, the Council of the EU, the EU Member States, national parliaments, civil society organisations, and other stakeholders. The Report provides a common reference point for discussions at EU and national level, supports the exchange of good practices and helps ensure that rule of law challenges are detected and addressed at an early stage.
The 2026 Rule of Law Report continues to place a strong focus on developments which have a direct link with the Single Market – an important dimension of the Rule of Law Report, as introduced in the 2025 edition. It draws further on the input received from business stakeholders, and more deeply examines issues such as the work of independent regulatory authorities. Relevant developments are reflected across the four pillars in each country chapter.
What principles guide the choice of recommendations?
The Report and its recommendations are prepared in line with the Report's methodology. They are based on continuous dialogue with and among Member States. In line with the preventive nature of the report, the objective of the recommendations is to: (i) support Member States in their efforts to take forward reforms; (ii) encourage positive developments; and (iii) identify where improvements or a follow-up may be needed, also with a view to addressing systemic challenges.
The Report's recommendations aim to identify key issues and challenges to address, while leaving Member States the flexibility to determine how to achieve the desired outcomes, taking into account their national legal and institutional framework. In order to support Member States in identifying and prioritising rule of law investments and reforms that can be included in the future National and Regional Partnership Plans (NRPPs), the Commission has further consolidated its recommendations in this year's edition, making them more targeted and operational. There are no recommendations for enlargement countries, as such recommendations are issued exclusively in the context of the annual Enlargement Package.
In preparing the Rule of Law Report's recommendations, the following principles have been observed, as established in the Report's methodology:
- All Member States are subject to country-specific recommendations in full respect of the principles of equal treatment and proportionality;
- The recommendations are based on in-depth assessments in the country chapters, and the application of objective criteria grounded in EU law or European and international standards;
- The recommendations are proportionate to the identified challenges. They also encourage the pursuit of positive reform efforts;
- The recommendations are sufficiently specific to allow Member States to provide concrete and actionable follow-up, while taking the national competences, legal systems, and institutional context into account;
- In preparing the recommendations, the Commission has paid close attention to consistency and synergies with other processes, such as the European Semester, the Conditionality Regulation and the National Recovery and Resilience Plans;
- Subsequent editions of the Rule of Law Report will cover the follow-up to this year's recommendations.
The recommendations do not in any way prejudge any proceedings the Commission may initiate under other legal instruments, such as infringement procedures or the Conditionality Regulation.
How have Member States addressed the recommendations made in the 2025 Report? How does the Commission assess progress, and how does it support Member States in implementing them?
This year's Report points to a broadly positive trajectory, with marked improvements and important reforms completed or underway across the four key areas covered: justice, anti-corruption, media freedom and institutional checks and balances. While the picture remains uneven across Member States and some challenges persist, engagement with the process remains strong, as also reflected in the substantial number of recommendations issued in the 2025 Report which have now seen progress.
With the Member States, the Commission has pursued close cooperation at both political and technical level, including to improve the tracking and follow-up of recommendations. This increased engagement helps support the implementation of reforms, monitor progress throughout the year and ensure that recommendations remain closely aligned with developments on the ground.
The Report includes an assessment of progress made by Member States to implement the 2025 recommendations, based on a qualitative analysis of developments since July 2025 and considering the overall context in the Member States. The 2026 Report found that 47% of the recommendations made in 2025 have been followed up by Member States, either fully or partially, with at least limited progress on a further 23%. In this context, the Commission also recognises that some recommendations may take longer to address, for example due to electoral cycles.
Several instruments and funding opportunities are already in place to support structural reforms through technical assistance and the funding of projects. The Recovery and Resilience Facility has demonstrated how the EU budget can be effective in advancing rule of law reforms within Member States, including to strengthen judicial systems, advance digitalisation for greater efficiency, improve judicial infrastructure, reinforce institutions fighting corruption and improve the quality of law-making. Other Commission programmes, such as the Justice and the Citizens, Equality, Rights and Values programmes, also help strengthen the rule of law, including through calls for proposals open for civil society and other stakeholders.
Strengthening the rule of law in enlargement countries also strengthens the rule of law across Europe. It is a fundamental part of the accession process, and the Commission will continue to work closely with the countries covered by the Report as they advance their reforms. The rule of law is also an essential element of the Western Balkans Reform and Growth Facility. To fully benefit from this unprecedented support mechanism, partners need to prepare and implement an agreed reform agenda, including concrete steps on the rule of law. The Commission also supports rule of law related reforms with financial and technical assistance in the enlargement region through the Instrument for Pre-Accession Assistance (IPA), which helps build the beneficiaries' capacities throughout the accession process.
What will be the role of the Rule of Law Report under the next MFF? Has the Commission adjusted the recommendations to reflect this?
Under the Commission's proposal for the next Multi-Annual Financial Framework, the new National and Regional Partnership Plans (NRPPs) will provide a single coherent framework for EU funds implemented by both Member States and regions. Upholding the Union's values in accordance with Article 2 TEU - including the rule of law - is a general objective of this framework.
The Commission has proposed that NRPPs address challenges identified in the EU policy reference framework, including those identified in the Rule of Law Report, as well as in the European Semester and its country-specific recommendations.
Member States are therefore expected to include investments and reforms in their upcoming Plans that protect and strengthen the rule of law, guided by the Rule of Law Report and its recommendations. Such reforms may also contribute to better governance by enhancing the efficiency of public administration - including judicial authorities - and the institutional capacity of public authorities and stakeholders in Member States, regions and local communities.
The Single Market focus of the Rule of Law Report will, in combination with the European Semester, also help Member States identify rule of law reforms to be supported in NRPPs that are economically relevant.
Once submitted, the NRPPs will be discussed between the Commission and Member States, including as regards milestones and targets for the agreed reforms. With a view to support Member States in identifying and prioritising rule of law investments and reforms that can be included in the Plans, the 2026 Report has further consolidated its recommendations, making them more targeted and operational.
The proposed Regulation on the NRPPs also embeds strong safeguards for compliance with the rule of law and the Charter of Fundamental Rights of the EU in the implementation of the NRPPs. With a view to protecting the financial interest of the Union, compliance with horizontal conditions on the rule of law and fundamental rights will be a prerequisite for receiving support under the NRPPs.
At any time during the implementation of the NRPPs, and following exchanges with the Member State concerned, there will be a possibility to block payments to a Member State if these horizontal conditions are not fulfilled. Information from the Rule of Law Report will be used as one of the sources to support the Commission's assessment of the respect of the horizontal conditions, reflecting the Rule of Law Report's role as a tool to identify rule of law challenges and reform priorities through an evidence-based process grounded in dialogue with Member States. However, there will be no automatic link between the Rule of Law Report's recommendations and the approval of NRPPs, nor with the assessment of compliance with the horizontal conditions. This assessment of compliance also requires establishing the (potential) impact of the deficiencies identified on the implementation of the funds.
How were the enlargement countries included in the Report selected and when will further countries be added?
In 2024, the Commission invited Albania, Montenegro, North Macedonia, and Serbia to participate in the Rule of Law Report on the basis of objective and merit-based criteria. The criteria covered both the formal stage reached in their respective accession process, and their level of preparedness, particularly on the rule of law matters.
As announced by President von der Leyen in her Political Guidelines, further enlargement countries will be added to the Report, as and when they are ready.
Why is the Single Market included in the Rule of Law Report?
Respect for the rule of law is essential for delivering policies that promote competitiveness and empower citizens and businesses to actively participate in society and the economy. The rule of law has a direct impact on prosperity and competitiveness: a fair and clear legal framework gives certainty to businesses, confidence to investors, and reassurance to consumers.
The rule of law is also an economic asset, providing a stable, rule-based environment guaranteed by independent courts and institutions. The rule of law is an important consideration for companies operating across borders, leveraging the potential of the Single Market. Businesses, and in particular small and medium-sized enterprises, need a stable and predictable economic environment where a business established in another Member State is treated equally.
How did the Commission prepare the 2026 Rule of Law Report?
The 2026 Report is the result of an inclusive process, anchored in close collaboration and dialogue, and following the same methodology as in the previous years. The Report draws on input from national authorities, international organisations and relevant stakeholders, as well as on the Commission's own data gathering.
In November 2025, Member States were consulted on the questionnaire used to collect input for the seventh Report. Between December 2025 and January 2026, the Commission received written input from Member States and around 280 written contributions from stakeholders, both at national and EU level. The enlargement countries also received a questionnaire, which complemented the information already provided by these countries in the context of the enlargement process.
Over 600 meetings took place with all 27 Member States and the four enlargement countries, primarily between January and March 2026. In this context, the Commission discussed rule of law developments with around 900 national authorities, including judicial authorities, law enforcement, and other stakeholders, such as journalist and judges' associations. All countries were given the opportunity to provide factual updates on their country chapters ahead of the adoption of the 2026 Rule of Law Report.
The Rule of Law Network, set up in 2020, also continues to provide a channel of communication between the Commission and the Member States, through their national contact points which are the key interlocutors for the Commission throughout the process. Enlargement countries have also been invited to appoint a contact point, and since May 2024 they have participated as observers to this network.
Which stakeholders were consulted for this report?
The Commission carried out a targeted stakeholder consultation, which provided general and country-specific contributions from a variety of EU agencies, European networks, national and European civil society organisations, professional associations and international and European actors. These included: the Fundamental Rights Agency, the European Network of Councils for the Judiciary (ENCJ), the Network of the Presidents of the Supreme Judicial Courts of the European Union, the European Network of National Human Rights Institutions (ENNHRI), the Council of Bars and Law Societies of Europe (CCBE), the Council of Europe, the UN Office of the High Commissioner for Human Rights, as well as national and international civil society organisations, journalists' organisations, and other relevant stakeholders.
For the targeted inclusion of the Single Market dimension, the Commission also engaged with business associations and other relevant stakeholders, at both EU and national level.
The sources for the Report also include a number of other studies and reports, such as the Media Pluralism Monitor, relevant Eurobarometers, and the EU Justice Scoreboard.
How does the Rule of Law Report relate to other instruments?
The Rule of Law Report is a preventive tool, raising awareness and facilitating solutions early-on to forge improvements and reforms and prevent challenges from deepening. It complements several other mechanisms and instruments of the Rule of Law Toolbox at EU level. When preparing the Report's recommendations, the Commission pays close attention to consistency and synergies with other processes, such as the European Semester, the national Recovery and Resilience Plans, and the Rule of Law Conditionality Regulation.
- Article 7 of the Treaty on European Union (TEU)
The Article 7 TEU procedure remains an exceptional response instrument for the EU to act where there is a clear risk of a serious breach, or the existence of a serious and persistent breach, of the values of Article 2 TEU, including the rule of law.
- Infringement procedures
Infringement procedures have a specific aim, namely, to ensure the correct application of EU law by Member States. Under the Treaties, the Commission may take legal action against a Member State that fails to implement EU law by launching an infringement procedure, and ultimately referring the matter to the Court of Justice.
- General regime of conditionality
The general regime of conditionality is a budgetary instrument designed to remedy adverse effects of breaches of the principles of the rule of law on the Union budget. When identifying and assessing breaches of the principles of the rule of law that may be relevant for the application of the general regime of conditionality, the Rule of Law Report is one of the sources of information the Commission takes into account, as well as sources from other institutions (for instance, the European Anti-Fraud Office, the European Public Prosecutor's Office, and the European Court of Auditors) and relevant Court rulings.
- Recovery and Resilience Facility
To address a number of country-specific recommendations relevant to the rule of law under the European Semester through concrete reforms and investments, several Member States included concrete milestones and targets in their Recovery and Resilience Plans. These are now being gradually finalised.
- The EU Justice Scoreboard
The EU Justice Scoreboard presents annual comparative data on the functioning of national justice systems and other indicators relevant for the Single Market. It is one of the sources of information which informs the Rule of Law Report, the Rule of Law Conditionality Mechanism, and the European Semester.
- Enlargement Package Reports
The annual Enlargement package reports outline the state of preparedness of and progress made by candidate countries and potential candidates, including on rule of law aspects. As in the past, they also provide recommendations to the enlargement partners on reform priorities for the year ahead. The inclusion of a selected number of enlargement countries in the Rule of Law Report is based on their state of preparations or progress in the formal accession process. The inclusion of the four enlargement countries in the Rule of Law Reports aims to put them on equal footing with Member States and support their reform efforts and accession process, helping maintain a sustainable pattern of high standards after accession. The two exercises are therefore complementary.
For more information
2026 Rule of Law Report – the rule of law situation in the European Union
2026 Rule of Law Report – Recommendations
2026 Rule of Law Report – Country Chapters
2026 Rule of Law Report - Country Chapter Abstracts and Recommendations
2026 Rule of Law Report - Country-specific institutional background
2026 Rule of Law Report – Methodology
2026 Rule of Law Report – Press release
The Annual Rule of Law Cycle – Factsheet
